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Old January 13th 13, 03:54 PM posted to rec.aviation.soaring
James Lee
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Default Glider Pilot arrested for airspace

I am a local lawyer and have discussed this matter with several other people who were directly involved.

As a practical matter, I strongly doubt a local jury would have awarded damages based on overzealous protection of a nuclear plant. Also, a local jury might be persuaded to find him guilty of disturbing the peace, which is a pretty vaguely written law. He is a foreign citizen, so even a minor conviction could cause problems if he leaves the country and tries to return to the US, which has become his home. In that case, it is not necessarily bad advice to have him give up his right to sue in exchange for a nolle prosequi..

Also, before I started flying gliders, I had never seen one in the air, and I am well-educated, observant and interested in aviation. Most people would not know what it was at all. Nuclear security personnel have presumably been warned to watch for drone/RC aircraft threats. Also, there is a blanket TFR as mentioned previously which specifically mentions circling near nuclear facilities. I know there is an exception for glider pilots, but only glider pilots or security experts would know about that.

All local law enforcement would know is that some crazy looking flying machine, which was clearly not a regular airplane, flew over the nuclear plant and then started circling nearby.

I hate that this happened, especially to Robin, who is a wonderful person. But I think the best possible outcome - education of the public and of relevant security officials - is happening on a much larger scale than I had anticipated, through the interest of the press.