Narrative:

I was flying a news helicopter near churchill in accordance with our LOA with louisville ATCT. We heard louisville ATC demand that another news helicopter immediately vacate the area in which he was operating due to a request from louisville government official. After completing our mission at churchill, we requested to proceed along the west side of the approachs for runways 17L&right back to our home base (jvy). Sdf tower replied 'proceed as requested.' on the way northbound, the tv station requested that we check along broadway for any automobile 'cruising' activity. After clearing class C airspace (5.1 GPS or more) we requested and received verification via frequency change approval and termination of radar service. We immediately turned west along broadway to investigate possible news maintaining visual separation with at least 1 other helicopter. Louisville ATCT then recontacted us to question whether we were still headed back to jvy. We indicated our change of plans to orbit present position outside class C airspace. Controller requested that we depart the area. We replied that we thought he had verified that we were outside class C airspace, and if he was now informing us that a temporary flight restr now existed, we were departing immediately. Controller told us to 'stand by' (apparently while conferring with the supervisor). Controller then said 'squawk 1200 and orbit as requested.' upon calling the supervisor later, his statement was that he and his controllers were restricting the airspace because government official had requested it and another tower supervisor had left an internal memo imposing the restr. At no time did we violate any notamed airspace (ATCT and FSS verified no temporary flight restr existed), ATCT instructions, or FARS. Although the tower supervisor claims that this 'administrative airspace restr' was imposed for the purpose of safe separation of aircraft, airborne congestion wasn't even close to that for other derby events (fewer aircraft and much greater spacing than 'thunder over louisville,' steamboat race, balloon race or any activity around churchill downs). The question is: isn't 91.137 (tfr) designed for exactly these sits? If not, what rules should we inform our flcs to follow (any arbitrary airspace restr, requested by anyone at any time)? Who is responsible for notifying flcs about flight and airspace restrs? A tower supervisor claims that he and local government agreed that local government would notify flcs. Not only did this not happen until 'after' the incident above (and then only verbally), assigning an arbitrary third party to notify airmen of an airspace restr is dangerous and appears to be in direct conflict with the spirit and intent of FARS. The real danger is that an unsuspecting student on a cross country might well skirt the sdf class C airspace on the north side and run directly through this area of concern (extended up to 8.5+ NM from sdf) because no NOTAM was issued and notification was left to local government. If there is a real danger, shouldn't we issue a tfr? If not, what's wrong with standard VFR separation or self separation with an internal frequency like other derby events or any big news story? Administrative airspace, restr without advanced notice is not a good precedent. We did return in early morning with prior local government and ATCT approval in aircraft Y to assist local planning group in monitoring crowds along broadway. No further incident(south).

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Original NASA ASRS Text

Title: NEWS HELI CHALLENGES SDF TWR IDENTED, BUT NOT NOTAMED TFR.

Narrative: I WAS FLYING A NEWS HELI NEAR CHURCHILL IN ACCORDANCE WITH OUR LOA WITH LOUISVILLE ATCT. WE HEARD LOUISVILLE ATC DEMAND THAT ANOTHER NEWS HELI IMMEDIATELY VACATE THE AREA IN WHICH HE WAS OPERATING DUE TO A REQUEST FROM LOUISVILLE GOV OFFICIAL. AFTER COMPLETING OUR MISSION AT CHURCHILL, WE REQUESTED TO PROCEED ALONG THE W SIDE OF THE APCHS FOR RWYS 17L&R BACK TO OUR HOME BASE (JVY). SDF TWR REPLIED 'PROCEED AS REQUESTED.' ON THE WAY NBOUND, THE TV STATION REQUESTED THAT WE CHK ALONG BROADWAY FOR ANY AUTOMOBILE 'CRUISING' ACTIVITY. AFTER CLRING CLASS C AIRSPACE (5.1 GPS OR MORE) WE REQUESTED AND RECEIVED VERIFICATION VIA FREQ CHANGE APPROVAL AND TERMINATION OF RADAR SVC. WE IMMEDIATELY TURNED W ALONG BROADWAY TO INVESTIGATE POSSIBLE NEWS MAINTAINING VISUAL SEPARATION WITH AT LEAST 1 OTHER HELI. LOUISVILLE ATCT THEN RECONTACTED US TO QUESTION WHETHER WE WERE STILL HEADED BACK TO JVY. WE INDICATED OUR CHANGE OF PLANS TO ORBIT PRESENT POS OUTSIDE CLASS C AIRSPACE. CTLR REQUESTED THAT WE DEPART THE AREA. WE REPLIED THAT WE THOUGHT HE HAD VERIFIED THAT WE WERE OUTSIDE CLASS C AIRSPACE, AND IF HE WAS NOW INFORMING US THAT A TEMPORARY FLT RESTR NOW EXISTED, WE WERE DEPARTING IMMEDIATELY. CTLR TOLD US TO 'STAND BY' (APPARENTLY WHILE CONFERRING WITH THE SUPVR). CTLR THEN SAID 'SQUAWK 1200 AND ORBIT AS REQUESTED.' UPON CALLING THE SUPVR LATER, HIS STATEMENT WAS THAT HE AND HIS CTLRS WERE RESTRICTING THE AIRSPACE BECAUSE GOV OFFICIAL HAD REQUESTED IT AND ANOTHER TWR SUPVR HAD LEFT AN INTERNAL MEMO IMPOSING THE RESTR. AT NO TIME DID WE VIOLATE ANY NOTAMED AIRSPACE (ATCT AND FSS VERIFIED NO TEMPORARY FLT RESTR EXISTED), ATCT INSTRUCTIONS, OR FARS. ALTHOUGH THE TWR SUPVR CLAIMS THAT THIS 'ADMINISTRATIVE AIRSPACE RESTR' WAS IMPOSED FOR THE PURPOSE OF SAFE SEPARATION OF ACFT, AIRBORNE CONGESTION WASN'T EVEN CLOSE TO THAT FOR OTHER DERBY EVENTS (FEWER ACFT AND MUCH GREATER SPACING THAN 'THUNDER OVER LOUISVILLE,' STEAMBOAT RACE, BALLOON RACE OR ANY ACTIVITY AROUND CHURCHILL DOWNS). THE QUESTION IS: ISN'T 91.137 (TFR) DESIGNED FOR EXACTLY THESE SITS? IF NOT, WHAT RULES SHOULD WE INFORM OUR FLCS TO FOLLOW (ANY ARBITRARY AIRSPACE RESTR, REQUESTED BY ANYONE AT ANY TIME)? WHO IS RESPONSIBLE FOR NOTIFYING FLCS ABOUT FLT AND AIRSPACE RESTRS? A TWR SUPVR CLAIMS THAT HE AND LCL GOV AGREED THAT LCL GOV WOULD NOTIFY FLCS. NOT ONLY DID THIS NOT HAPPEN UNTIL 'AFTER' THE INCIDENT ABOVE (AND THEN ONLY VERBALLY), ASSIGNING AN ARBITRARY THIRD PARTY TO NOTIFY AIRMEN OF AN AIRSPACE RESTR IS DANGEROUS AND APPEARS TO BE IN DIRECT CONFLICT WITH THE SPIRIT AND INTENT OF FARS. THE REAL DANGER IS THAT AN UNSUSPECTING STUDENT ON A XCOUNTRY MIGHT WELL SKIRT THE SDF CLASS C AIRSPACE ON THE N SIDE AND RUN DIRECTLY THROUGH THIS AREA OF CONCERN (EXTENDED UP TO 8.5+ NM FROM SDF) BECAUSE NO NOTAM WAS ISSUED AND NOTIFICATION WAS LEFT TO LCL GOV. IF THERE IS A REAL DANGER, SHOULDN'T WE ISSUE A TFR? IF NOT, WHAT'S WRONG WITH STANDARD VFR SEPARATION OR SELF SEPARATION WITH AN INTERNAL FREQ LIKE OTHER DERBY EVENTS OR ANY BIG NEWS STORY? ADMINISTRATIVE AIRSPACE, RESTR WITHOUT ADVANCED NOTICE IS NOT A GOOD PRECEDENT. WE DID RETURN IN EARLY MORNING WITH PRIOR LCL GOV AND ATCT APPROVAL IN ACFT Y TO ASSIST LCL PLANNING GROUP IN MONITORING CROWDS ALONG BROADWAY. NO FURTHER INCIDENT(S).

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.