California’s 400-Foot Stadium Drone Bill Reaches the Governor: What It Means for Event Airspace

The Brief

On 27 August 2026 the California Legislature passed Assembly Bill 2113 in a unanimous 76–0 concurrence vote, sending the measure to Governor Gavin Newsom for signature or veto by 30 September 2026. The legislation makes it a state infraction, punishable by a $500 fine, to operate an unauthorized drone within 400 feet of, or directly above, ticketed outdoor entertainment events or amusement parks with a capacity of 1,000 people or more. While backed by concert promoters and venue operators seeking to halt unauthorized aerial recording and spectator hazards, the bill pushes directly into a long-standing constitutional battle: whether state legislatures have the legal authority to carve out local no-fly zones in airspace exclusively regulated by the FAA.

If you fly commercial drone jobs in California, a familiar regulatory conflict is about to land on the flight line.

Assembly Bill 2113, introduced by Assemblymember Tina McKinnor and championed by major entertainment conglomerates, targets the growing issue of rogue drone incursions over outdoor concerts, music festivals, and packed sports stadiums.

Under current federal rules, the FAA maintains permanent flight restrictions over Major League Baseball, NFL, NCAA football, and major motor speedway events with seating capacities of 30,000 or more (14 CFR § 99.7). But for mid-sized outdoor concert amphitheaters, local county fairs, or private music venues holding 1,500 to 10,000 fans, securing a federal Temporary Flight Restriction (TFR) is rarely approved by the FAA.

California’s bill attempts to close that gap from Sacramento:

• The Restriction: Prohibits unauthorized drone operations directly above or within 400 feet lateral distance of an outdoor ticketed performance, concert, athletic competition, or amusement park.
• The Threshold: Applies to any venue with a capacity of 1,000 attendees or more.
• The Penalty: A state infraction carrying a $500 fine.
• The Exemptions: Permitted commercial operators contracted by the venue, utility maintenance crews, and public safety personnel (police, fire, emergency medical) acting in an official capacity are exempt.

The Preemption Dilemma for Working Pilots

For Part 107 pilots, the immediate concern is not unauthorized concert filming—it is the erosion of consistent airspace rules.

Federal statute gives the Federal Aviation Administration sole, exclusive sovereignty over the National Airspace System from the blade of grass to the stratosphere (49 U.S.C. § 40103). Historically, federal courts have struck down municipal and state ordinances that attempt to regulate navigable airspace altitude, flight paths, or drone operations, ruling them preempted by federal law (most notably Singer v. City of Newton).

If AB 2113 is signed into law:

1. Local Police Enforcement: Local law enforcement officers—who generally cannot cite FAA regulations—gain direct state statutory authority to issue $500 tickets to drone pilots operating near event boundaries.
2. Conflicting Boundaries: A pilot could be operating completely legally under FAA Part 107 regulations in Class G uncontrolled airspace with clear airspace authorization, yet face a local state police citation because a concert venue exists 350 feet away.
3. Legal Challenge Looming: Aviation legal experts anticipate an immediate federal court challenge on preemption grounds if signed, forcing judges to decide once again whether state police power stops at the property line or extends 400 feet into the sky.

Sources

• • California State Legislature: Assembly Bill No. 2113: Unmanned Aircraft Systems: Ticketed Entertainment Venues — https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB2113
• • United States Code: 49 U.S.C. § 40103, Sovereignty and Use of Airspace — https://www.govinfo.gov/app/details/USCODE-2011-title49/USCODE-2011-title49-subtitleVII-partA-subparti-chap401-sec40103
• • Federal Aviation Administration: Advisory Circular 91-92, Special Security Instructions and Airspace Preemption Principles — https://www.faa.gov/regulations_policies/advisory_circulars/

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