Michigan Drone Lawsuit Challenges Restrictions on Flights Near Police Operations

## Michigan Man Sues Sheriff's Department Over State's Drone Law A Michigan-based freelance journalist has filed a federal lawsuit challenging the constitutionality of the state's drone law, which restricts flights near police operations. The lawsuit, filed by Bay City photojournalist Ray Rocha, seeks to prevent police from charging him under the law again, unless his drone operation materially obstructs or hinders law enforcement operations. Rocha was convicted of a misdemeanor under the state's Unmanned Aircraft Systems Act in May 2026, after being charged with operating a drone in a manner that interfered with a police officer's official duties. However, Rocha's attorney, Philip Ellison, claims that the state statute under which Rocha was prosecuted is unconstitutional because it is vague. The lawsuit contends that the state's drone law, as interpreted by the sheriff's office and local prosecutors, violates Rocha's First Amendment right to use his drone to gather images used in the dissemination of information concerning newsworthy events. The lawsuit also asks the court to strike down the law as "unconstitutionally vague under the 14th Amendment because it fails to provide fair notice and delegates unbounded ad hoc enforcement discretion to individual officers." ## Suit Challenges Constitutionality of Law In an interview with DroneLife, Ellison said that the suit could result in changes to the state law regarding drone operations near law enforcement scenes. "If the federal court agrees with us and declares the law unconstitutional as written, it would simply cease to be legally available," he said. Ellison also claimed that the 2024 incident that led to Rocha's misdemeanor conviction did not involve any interference with the operation of the police drone. "There was no near miss or anything like that," he said. "They were on completely separate sides of the incident." ## Implications of the Lawsuit The lawsuit has implications for the use of drones by journalists and citizen journalists, who often rely on drones to gather images and footage of newsworthy events. Ellison said that the filing of the federal suit should not be interpreted as blanket permission for private drone operators to fly close to crime scenes that put first responders or the public in danger. However, he said that police agencies should respect the rights of drone pilots who are operating according to the rules, and allow them the freedom to collect information about the public operations of law enforcement officials. "There has to be enough space left open... legal space available so that citizen journalists and professional journalists and even Joe Blow with their iPhone on the sidewalk can record and be part of the interactions between the government and the public," he said. The Bay City Sheriff's department has declined to comment on the lawsuit, citing policy concerning ongoing litigation. The outcome of the lawsuit could have significant implications for the use of drones by law enforcement agencies and the rights of drone pilots to gather images and footage of newsworthy events.