Aerial advertising case continues in August

HONOLULU (AP) – A pilot arrested for flying an advertising banner over Oahu has been scheduled for a court hearing near the end of August.

Matthew Radeck was arrested in July under a city ordinance that bans aerial advertising. Officials of the company he works for, Aerial Banners Inc., say they do not need to follow city ordinances because the company has a waiver from the Federal Aviation Administration, The Star-Advertiser reported.

An FAA administrator, however, has since told city officials that the waiver does not allow the company to bypass local ordinances.

City officials say Radeck, 55, was arrested because he is a repeat offender. The company is paying for his defense. The maximum penalty for violating the city’s aerial advertising ordinance is a fine of $500, up to 90 days in jail, or both.

On Tuesday, District Judge Alvin Nishimura granted a request to continue the proceedings on Aug. 26 and consolidate three cases at that time. He also granted a request to allow Radeck to travel out of state before the court date for work-related purposes.

Mayor Kirk Caldwell has urged the public to call 911 if they see aerial banners flying over Oahu.

While the company insists that only the federal government can regulate airspace, city officials have repeatedly pointed out that the city’s aerial advertising ordinance was twice reaffirmed by the 9th U.S. Circuit Court of Appeals.