Narrative:

I was dispatched by a local tv station in des moines, ia to provide aerial video coverage of the scene of an accident involving an airplane. The airplane (a piper cherokee) was declared overdue at XA00 on dec/wed/03. Wreckage of the airplane was found in a farm field at XA30 on dec/thu/03. I was flying aircraft X and arrived on scene at approximately XC30. I immediately commenced orbiting the site at 1500 ft MSL, approximately 500 ft AGL. Also on scene was an airplane from the FBO at ankeny regional airport. Both the airplane and myself were carrying accredited news representatives. The pilot of the airplane and myself maintained visual contact and radio communication to coordinate our orbits of the site. We both departed the area at approximately XC40. Shortly after departing the area, we received a call from newton unicom. The newton unicom operator told us that we were in a tfr zone and to depart the area immediately. As we were already on our way back to ankeny, it required no change of our flight to comply. While en route to ankeny, I tried to learn more about the tfr, and was told by newton unicom that it was created to keep us out. I explained that we had accredited news representatives on board. When I got within range, I asked des moines approach about the tfr. They said they had no knowledge of it. I tried to call fort dodge FSS, but could not raise them. Upon landing at ankeny, I visited the des moines FSDO and spoke to a representative. He got a copy of the tfr in question and we discussed it. As the tfr was not in effect until XD30Z, there was no way that I had ever been in the tfr, as I was on the ground in ankeny by that time. Furthermore, the tfr was created under 91.137(a)(2), which provides for disaster relief -- inappropriate to this case. Finally the abuse of the authority/authorized granted under far 91.137 to keep media away from news areas has been shown to be a violation of the first amendment to the united states constitution. We felt that this was an improper tfr. The next morning, an iowa state trooper interrupted my preflight inspection to tell me I had been flying in a restr area. I explained that I had not. The trooper said that I had been blowing snow at the accident site. This is absurd. The R44 helicopter cannot affect conditions on the surface from 500 ft AGL. The wind was over 20 KTS on the surface at the time. That's where his blowing snow came from. To keep this sort of thing from happening in the future, FAA personnel should be made aware that when local law enforcement agencies request spurious and specious tfr's for the purpose of keeping media out, they cannot grant these requests, as they would constitute a violation of the first amendment.

Related reports:

Google
 

Original NASA ASRS Text

Title: PLT OF R44 HELI ON NEWS GATHERING FLT OVER AN ACFT ACCIDENT IS ALLEGED TO HAVE VIOLATED A 'DISASTER' TFR ESTABLISHED BY LCL AUTHS UNDER FAR 91.137(A)(2).

Narrative: I WAS DISPATCHED BY A LCL TV STATION IN DES MOINES, IA TO PROVIDE AERIAL VIDEO COVERAGE OF THE SCENE OF AN ACCIDENT INVOLVING AN AIRPLANE. THE AIRPLANE (A PIPER CHEROKEE) WAS DECLARED OVERDUE AT XA00 ON DEC/WED/03. WRECKAGE OF THE AIRPLANE WAS FOUND IN A FARM FIELD AT XA30 ON DEC/THU/03. I WAS FLYING ACFT X AND ARRIVED ON SCENE AT APPROX XC30. I IMMEDIATELY COMMENCED ORBITING THE SITE AT 1500 FT MSL, APPROX 500 FT AGL. ALSO ON SCENE WAS AN AIRPLANE FROM THE FBO AT ANKENY REGIONAL ARPT. BOTH THE AIRPLANE AND MYSELF WERE CARRYING ACCREDITED NEWS REPRESENTATIVES. THE PLT OF THE AIRPLANE AND MYSELF MAINTAINED VISUAL CONTACT AND RADIO COM TO COORDINATE OUR ORBITS OF THE SITE. WE BOTH DEPARTED THE AREA AT APPROX XC40. SHORTLY AFTER DEPARTING THE AREA, WE RECEIVED A CALL FROM NEWTON UNICOM. THE NEWTON UNICOM OPERATOR TOLD US THAT WE WERE IN A TFR ZONE AND TO DEPART THE AREA IMMEDIATELY. AS WE WERE ALREADY ON OUR WAY BACK TO ANKENY, IT REQUIRED NO CHANGE OF OUR FLT TO COMPLY. WHILE ENRTE TO ANKENY, I TRIED TO LEARN MORE ABOUT THE TFR, AND WAS TOLD BY NEWTON UNICOM THAT IT WAS CREATED TO KEEP US OUT. I EXPLAINED THAT WE HAD ACCREDITED NEWS REPRESENTATIVES ON BOARD. WHEN I GOT WITHIN RANGE, I ASKED DES MOINES APCH ABOUT THE TFR. THEY SAID THEY HAD NO KNOWLEDGE OF IT. I TRIED TO CALL FORT DODGE FSS, BUT COULD NOT RAISE THEM. UPON LNDG AT ANKENY, I VISITED THE DES MOINES FSDO AND SPOKE TO A REPRESENTATIVE. HE GOT A COPY OF THE TFR IN QUESTION AND WE DISCUSSED IT. AS THE TFR WAS NOT IN EFFECT UNTIL XD30Z, THERE WAS NO WAY THAT I HAD EVER BEEN IN THE TFR, AS I WAS ON THE GND IN ANKENY BY THAT TIME. FURTHERMORE, THE TFR WAS CREATED UNDER 91.137(A)(2), WHICH PROVIDES FOR DISASTER RELIEF -- INAPPROPRIATE TO THIS CASE. FINALLY THE ABUSE OF THE AUTH GRANTED UNDER FAR 91.137 TO KEEP MEDIA AWAY FROM NEWS AREAS HAS BEEN SHOWN TO BE A VIOLATION OF THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION. WE FELT THAT THIS WAS AN IMPROPER TFR. THE NEXT MORNING, AN IOWA STATE TROOPER INTERRUPTED MY PREFLT INSPECTION TO TELL ME I HAD BEEN FLYING IN A RESTR AREA. I EXPLAINED THAT I HAD NOT. THE TROOPER SAID THAT I HAD BEEN BLOWING SNOW AT THE ACCIDENT SITE. THIS IS ABSURD. THE R44 HELI CANNOT AFFECT CONDITIONS ON THE SURFACE FROM 500 FT AGL. THE WIND WAS OVER 20 KTS ON THE SURFACE AT THE TIME. THAT'S WHERE HIS BLOWING SNOW CAME FROM. TO KEEP THIS SORT OF THING FROM HAPPENING IN THE FUTURE, FAA PERSONNEL SHOULD BE MADE AWARE THAT WHEN LCL LAW ENFORCEMENT AGENCIES REQUEST SPURIOUS AND SPECIOUS TFR'S FOR THE PURPOSE OF KEEPING MEDIA OUT, THEY CANNOT GRANT THESE REQUESTS, AS THEY WOULD CONSTITUTE A VIOLATION OF THE FIRST AMENDMENT.

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.