Michigan Lawsuit Questions Drone Flight Restrictions Near Police Operations
Michigan Man Files Lawsuit Against Sheriff’s Department Over Drone Law
By DRONELIFE Features Editor Jim Magill
A freelance journalist from Michigan has initiated a federal lawsuit aimed at preventing local law enforcement from targeting him for operating his drone near police activities, provided he adheres to federal flight safety regulations and maintains a safe distance from police-operated drones.
Details of the Lawsuit
The lawsuit was filed on August 9 in the U.S. District Court for the Eastern District of Michigan by Bay City photojournalist Ray Rocha. He is suing Bay County Sheriff Troy Cunningham and Deputy Chris Berg, who oversees the sheriff department’s drone program. Rocha is recognized in the community for sharing drone footage of public interest events on his platform, Baycountylive.
The case arises from an incident in November 2024, during which Rocha was flying his drone near a police search for suspects. According to the lawsuit, Deputy Berg, who was operating a police drone at the scene, noticed Rocha’s drone in the vicinity.
Berg allegedly contacted Central Dispatch to request a broadcast instructing any civilian drone in the area to land. The broadcast did not specify any violations of boundary limitations, altitude restrictions, separation distance requirements, duration restrictions, or federally issued temporary flight restrictions.
The lawsuit includes a link to a video captured by Rocha during the incident, which shows the distance between the two drones. The filing states that the encounter concluded without conflict, as Berg did not arrest Rocha or issue a definitive order to land, indicating that the decision was left to Rocha.
Background of the Incident
In his report, Deputy Berg claimed that Rocha’s actions violated the state’s Unmanned Aircraft Systems Act, M.C.L. § 259.321. In June 2025, Rocha was charged with a misdemeanor for allegedly operating his drone in a manner that interfered with police duties.
After a two-day trial, a jury convicted Rocha on May 1, 2026, resulting in a fine and a one-day jail sentence, with credit for time served. Rocha is not appealing this conviction; instead, his federal lawsuit seeks to prevent future charges under the same law unless his drone operation significantly disrupts law enforcement activities.
Constitutional Concerns
The lawsuit argues that the state’s drone law, as interpreted by local law enforcement, infringes on Rocha’s First Amendment rights to gather images for reporting on newsworthy events. It also requests that the court declare the law unconstitutionally vague under the 14th Amendment, as it fails to provide clear guidelines and allows for arbitrary enforcement by individual officers.
Philip Ellison, Rocha’s attorney, stated that the lawsuit could prompt changes to state laws governing drone operations near law enforcement activities. He emphasized that if the federal court finds the law unconstitutional, it would no longer be enforceable, leaving it to the state legislature to address any deficiencies.
Ellison noted that Rocha is known in the Bay City community for using drone footage to report on police and emergency personnel activities. He expressed that Rocha’s presence at police events has not been well received by local law enforcement.
Legal Implications and Future Considerations
Ellison contended that Rocha did not interfere with the police drone during the November incident, asserting that the two drones were operating at a safe distance from one another. He criticized the state statute under which Rocha was prosecuted, describing it as vague and unconstitutional.
While the federal case does not seek to overturn Rocha’s conviction, it aims to prevent local authorities from pursuing similar charges in the future. Ellison highlighted the need for a balance between law enforcement operations and the rights of drone pilots to document public activities.
“We want law enforcement to perform their duties effectively, but there must be legal space for citizen journalists and the public to record interactions between the government and the community,” he stated.
A spokesperson for the Bay City Sheriff’s department declined to comment on the ongoing litigation due to policy restrictions.