California Legislature Passes AB 2113 Restricting Drone Flights Within 400 Feet of Large Outdoor Venues, Sparking FAA Pre-Emption Debate

The California State Assembly passed AB 2113 on August 27 in a 76-0 final concurrence vote, sending the bill to the governor for signature. The legislation would prohibit unauthorized drone flights within 400 feet of outdoor ticketed entertainment events or amusement parks with a capacity of 1,000 or more attendees, with each violation carrying a $500 fine.

Sponsored by Assembly Member Tina McKinnor and backed by Live Nation, the bill is designed to protect attendees, artists, athletes, and event personnel at large gatherings. It specifically references upcoming events including the 2028 Olympic and Paralympic Games, Super Bowl LX, Coachella Valley Music and Arts Festival, BottleRock Napa Valley, La Onda, and Stagecoach Festival. AB 2113 exempts FAA-certificated commercial drone operators complying with federal regulations, along with police officers, firefighters, medical personnel, regulated utility employees, and transportation agency staff acting in an official capacity.

Mickey Osterreicher, general counsel to the National Press Photographers Association, said the bill raises a serious pre-emption question because Congress has entrusted the FAA with regulating aviation safety and the national airspace, noting that a journalist operating lawfully under FAA Part 107 could effectively be barred from newsgathering because the state has declared otherwise permissible airspace off limits. Katie Inman, a partner at Holland & Knight specializing in federal transportation law and uncrewed aircraft systems, said the pre-emption question falls into a legal gray area, noting that the FAA and the U.S. Department of Transportation have acknowledged that state and local governments retain police powers to regulate certain aspects of drone use, such as preventing trespass or voyeurism, but that the permissibility of any restriction ultimately turns on the purpose of the state statute.