The following is a history of significant events related to the myth:
What is the Supremacy Clause?
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution,
federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and
thus take priority over any conflicting state or local laws.
What is the Preemption Doctrine?
The Preemption Doctrine is based on the Supremacy Clause of the U.S. Constitution. It holds that certain matters are of
such a national (as opposed to local) character that federal laws preempt or take precedence over state or local laws.
As such, a state or local government may not pass a law inconsistent with the federal law. A state or local law may be
struck down, even when it does not explicitly conflict with federal law, if a court finds that Congress has legitimately
occupied the field with federal legislation. Congress has long vested the FAA with exclusive authority to regulate
airspace use and air traffic control. In simple terms, this means that ordinances passed by state and local governments
that attempt to do so are invalid and unenforceable.
1958 August 19: Torrance City Council revises its Municipal Code with Ordinance 1004
This ordinance added sections to regulate airspace use and air traffic control at the Torrance Airport for the purpose of controlling
aircraft noise over the City of Torrance:
1958 August 23: Congress passes the Federal Aviation Act
Responsibility for the oversight and implementation of aviation laws and programs is delegated to the FAA under the Federal
Aviation Act of 1958. With it, the federal government has preempted the areas of airspace use and management, air traffic control
and aviation safety. Under the legal doctrine of federal preemption, which flows from the Supremacy Clause of the Constitution,
state and local authorities do not generally have legal power to act in an area that already is subject to comprehensive
federal regulation.
1977: City of Blue Ash, Ohio passes Ordinance 99.03
Section 99.03 of the City of Blue Ash Code of Ordinances dealt with "Noise Abatement Turns" which, for the express purpose
of controlling aircraft noise over the City of Blue Ash, required aircraft departing the airport to make a turn to a given
heading prior to reaching a described location. Pilots who failed to do so were subject to a $100 fine per "violation."
1978 February 7: U. S. District Court ruled that states and municipalities have no authority to dictate flight of aircraft
This case was brought by the United States in the U. S. District Court of Southern Ohio to
permanently enjoin the City of Blue Ash, Ohio, and its officials from enforcing Section 99.03 of the Blue Ash Code of Ordinances
and to declare that section invalid. The claim made by the United States was that the area dealt with by the section has been
preempted by the Federal Government under the Supremacy Clause of the United States Constitution.
The court ruled: " . . a municipal ordinance resting on police power, which manages or dictates action by aircraft in navigable airspace for the purpose of noise control, is invalid under the preemption doctrine."
1979 February: Torrance Department of Building and Safety iniates a study of Airport Noise Control and Land Use Compatibility (ANCLUC)
This study was financed in part through a planning grant from the FAA under the provisions of Section 13 of the Airport and Airway Development
Act of 1970. At the time of the study (June 1978 - May 1979), Torrance Airport averaged 422,586 operations per year
1980 April 15: U. S. Sixth Circuit Court of Appeals affirmed the Blue Ash decision
This was an appeal of the 1978 ruling in District Court against the City of Blue Ash.
The ruling against the city was affirmed
by the court.
1981 November: Torrance Department of Building and Safety issues the
final report on its Airport Noise Control and Land Use
Compatibility Study
The study's final report states that its contents reflect the views of the professional staff of the contractor (PRC Speas
Associates) which utilized, in some cases, data supplied by the city staff.
The document's Introduction states: "The contents do not necessarily reflect the official views or policy of the FAA." This indicates that the document and its recommended restrictions were never reviewed nor approved by the FAA.
In addition to a number of restrictions on airport operations (some of which were not legal), it outlined a policy to deploy "a public information program designed to create an awareness in the community of the nature of the activity at the airport and the resulting effects on the residents." It recommended creation of an Airport Planning District (APD) and included four key actions to make sure potential residents were aware of the location of airport traffic patterns and the fact that there would be frequent aircraft flights at or below traffic pattern altitude within them. NONE OF THESE ACTIONS WERE IMPLEMENTED!
1990 November 5: U. S. Congress passes the Airport Noise and Capacity Act (ANCA)
This law deals only with turbine-powered Stage 2 and Stage 3 aircraft weighing over 12,500 lbs. The FAA Assistant Administrator
for Airports wrote on July 6, 1992: "ANCA does not apply to restrictions on operations by propeller driven aircraft weighing
12,500 pounds or less because none of these aircraft are classified as Stage 2 or 3, and ANCA governs restrictions on operations
by Stage 2 and 3 aircraft."
2009: Torrance Community Development Department issues
"violation" letters to pilots
The letters claim that the pilot made an "early" left turn after take-off and cite a violation of Torrance Municipal Code. The
letters state: "While the F. A. A. control tower may have authorized the above noted procedure it is a violation of Torrance
Municipal Code. Please be advised that violation of T.M.C. section 51.2.3(e) is a misdemeanor subject to fine and/or jail."
2012: Torrance Airport Commission considers "Item 8B Fixed Wing Aircraft Turning Left Prior to Shoreline."
In response to a request from the Commission in January 2012, the Commission agenda for the March 8, 2012 meeting contained an
item to review "Fixed Wing Aircraft Turning Left Prior to Shoreline." During that meeting, two pilots warned that the
restrictions were preempted by FAA's exclusive authority to regulate aircraft operations. Those warnings were ignored and the
Community Development Department continued to issue "violation" letters.
2019: Torrance Airport Commission reviewed its 2012 meeting
In response to TAA's letter to the Torrance City Attorney
(dated July 1, 2019) expressing concern about the City's improper encroachment on the FAA's exclusive authority to regulate aircraft
operations, the Airport Commission agenda for September 12, 2019, contained a review of its 2012 meeting. In a supplemental letter
to that meeting, Linda Cessna (Deputy Community Development Director), claimed that the city's authority to issue "violations"
and to take punitive action against pilots pursuant to TMC Section 51.2.3(e) was based on several documents (its Airport Noise
and Land Use Compatibility Study of 1981 and the FAA Airport Compliance Manual, Order 5190.6--Airports); and on a conversation
with Reid Wahlberg from the FAA's Long Beach Flight Safety District Office (FSDO). Wahlberg was reported to have verbally stated that
enforcement of TMC 51.2.3e was "grandfathered" under ANCA.
Never explained is how this "grandfathering under ANCA" would make sense because:
2020 Feb: FAA denies approval of "grandfathering"
The FSDO manager verified that Wahlberg had met with the Torrance Airport manager several times at the FAA's annual review
of airport runway safety issues and signage, but he denied that there had been any approval of "grandfathering" or of the validity
of the TMC section.
2020 Feb 18: FAA's Chief Counsel declares TMC Section 51.2.3(e) to be invalid and unenforceable
Responding to an inquiry from a Torrance pilot about the validity of TMC Section 51.2.3(e), the FAA's Chief Counsel provided an opinion in a
letter dated February 18, 2020. In that opinion, the
FAA Chief Counsel cited the Blue Ash decision and concluded that "[b]ecause the Torrance code provision applies to aircraft
in flight, it is not consistent with the Federal statutory and regulatory framework" and that "[e]nforcement of the
provision would be at odds with various court opinions. As noted, state and local governments lack the authority to regulate
airspace use, management and efficiency; air traffic control; and aircraft noise at its source."
It also states that the City could promulgate "reasonable, non-arbitrary, and non-discriminatory regulations addressing aircraft noise and appropriate local interest" and that "[a]ny such regulations would need to comply with [ANCA ] and 14 C.F.R. Part 161." Part 161 outlines the process, analysis, and approvals required for imposing a noise or access restriction at an airport. But, again, ANCA deals only with turbine-powered Stage 2 and Stage 3 aircraft weighing over 12,500 lbs.
2020 Nov 12: City of Torrance requests clarification from FAA
On 12 November 2020, Linda Cessna (Torrance Deputy Community Development Director) sent a
letter to the Office of the FAA Chief Counsel, Regulations Division,
asking if TMC 51.2.3(e) was enforceable because the FAA Flight Standards Office agreed it was "grandfathered" under ANCA.
2021 Dec: Torrance City Council approves contract to monitor "left turn violations"
In spite of continued reminders from the aviation community and letters from the FAA Chief Counsel that the city has no
authority to regulate aircraft in flight, it approved $491,615 for airport noise monitoring, including a 3-year $627,078 contract
to track the flight path and altitude of all aircraft using the Torrance Airport. Included was a function to identify
and report on "left turn violations."
2021 Dec: No record of FAA "grandfathering" of TMC 51.2.3(e)
A public records request was made to the City of Torrance
City Attorney asking for "Any official FAA documents that exempt Torrance Municipal Code Section 51.2.3(e) from FAA's exclusive
authority to regulate aircraft in flight due to "grandfathering" under the Airport Noise and Capacity Act." The City of
Torrance reviewed its files and determined that "there are no documents responsive to this request."
2022 March 3: FAA attorneys meet with Torrance City Attorney
At the meeting, the FAA attorneys verified that TMC 51.2.3e was invalid, unenforceable and preempted by FARs. They verified that states
and cities have no authority regulate aircraft in flight.
2022 March: Verbal response from FAA confirms City's lack of authority
At a City Council meeting in March 2022, Michelle Ramirez, the new Community Development Director, stated that the City
had received verbal confirmation from the FAA that the City of Torrance lacked the authority to regulate aircraft in
flight. The City Attorney requested that ruling in writing.
2022 August 8: FAA sends written confirmation of verbal opinion made in March
The FAA confirmed in writing (as requested by the City)
that TMC 51.2.3(e) is invalid, unenforceable and preempted by Federal Law. It also referred to its
February 2020 letter in confirming that the City of
Torrance has no authority to regulate aircraft in flight.
2022 August 11: The Casper noise monitoring system begins operation
The new Casper noise monitoring system includes a function to identify "early left turns."
2022 September: The Community Development Department resumes sending out "no left turn" letters
Although no longer threatening pilots with "fines and/or jail time," the
"no left turn" letters
continue to refer to the invalid TMC 51.2.3e as a guide for pilots. That TMC section states that pilots "shall
not" make any turns until reaching 1,500 feet or the shoreline. The letters also infer (incorrectly) that the
Pilot in Command must continue to fly without turning "unless specifically directed to do otherwise by the
F. A. A. Control Tower." This statement is UNTRUE. Federal Law 14 CFR 91.3a defines the authority of
the Pilot In Command (PIC): "The pilot in command of an aircraft is directly responsible for, and is the
final authority as to, the operation of that aircraft." [emphasis added] This means the PIC
has authority to maneuver however she/he deems necessary for safe flight. The PIC need not ask for permission and
may even disregard control tower recommendations.
2022 September 20: The City hires outside counsel to reiterate its belief that TMC 51.2.3(e) is enforceable
In spite of three previous statements by the FAA that the TMC section in not enforceable, it hired Gatzke Dillon and
Ballance LLP to write the FAA, again claiming its "grandfathering"
under ANCA.
2022 November 8: Community Development Department announces "enforcement" of TMC 51.2.3e will resume
In spite of three written and one verbal warning by the FAA that such "laws" are invalid, unenforceable and preempted by
federal statutes (the United States Code) and by rulings in United States District Courts and Courts of Appeal, on
December 1 the City will resume enforcing of TMC 51.2.3e ("Aircraft taking off the west shall not turn left until
they have either reached the ocean or attained an altitude of fifteen hundred feet."). Multiple requests by
airport users for a copy of any documentation from the FAA that this TMC section is now "enforceable" have received
nothing.
2022 December 16: FAA warns the City for 4th time that TMC 51.2.3(e) is unenforceable
The FAA Acting Assistant Chief Counsel
responded to the September 20, 2022 letter from
the City's outside counsel. For the fourth time, the FAA explained the applicable laws and rejected the outside
counsel's claims.
2023 July 25: Torrance City Council directs staff to again enforce the "no-left-turn" Municipal Code
In spite of four warnings from the FAA Chief Counsel, the City Council voted to direct staff to resume enforcing the "no-left-turn"
municipal code. It also directed staff to implement landing fees and other restrictions on airport access to reduce noise.
The City presented the flight schools with a "letter of agreement" which, under threat to their business licenses, requires them to promise they will adhere to the invalid, unenforceable and preempted TMC 51.2.3(e).
2023 September 6: Torrance City Council announces plans to consider banning ALL touch-and-go operations at the airport.
2023 September 8: Four national aviation organizations respond to City Council's July 25 direction to resume enforcing the
"no-left-turn" municipal code
General Counsels for the Aircraft Owners and Pilots Association, the General Aviation Manufacturers Association, the National
Business Aviation Association and the National Air Transportation Association wrote a
joint letter recommending that
". . .the implementation and enforcement of the actions approved on July 25, 2023, should be held in abeyance pending verification
of legal compliance with the FAA."
The letter, which contains over 65 pages of discussion of the applicable legal precedents and footnotes, also contained an offer to discuss the situation with the City Attorney to avoid the expenditure of ". . . significant financial and staff resources to litigate law that is already well settled."