Xizmo Media Productions LLC v. City of New York is a pending United States federal court case where the company Xizmo Media Productions argues that the New York City's "Avigation" law, which in effect is a ban on unmanned aerial vehicles (commonly known as "drones") within New York City, violates the First Amendment to the United States Constitution.
New York City passed its "Avigation" law in 1948, which stated:It shall be unlawful for any person avigating an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.
Despite its operators having a part 107 remote pilot certificate, various FAA waivers, and an FAA permit to operate small UAVs "in class B airspace under the jurisdiction of New York's Kennedy Airport Control and LaGuardia Airport Traffic Control", Xizmo was cited and fined under the Avigation law, which it argues the City's interpretation is excessively "expansive".
Judge Vitaliano, however, declined the motion to dismiss, arguing that "just as holding a protest calling for “an end to the violence and conflict in communities of color” on Randall’s Island cannot communicate the same message as holding the identical protest march on Malcolm X Boulevard in Harlem, filming in the five remote Brooklyn, Queens, and Staten Island locations cannot communicate the same message as filming in Manhattan.
"[3] Brendan Schulman, an executive at Boston Dynamics and the former vice president of policy at drone manufacturer DJI, posted Vitaliano's decision on Twitter.