An aerial advertising company which wants to tow an advertising banner over the route of the Tour de France yesterday took a High Court action to prevent restrictions on what it claims are its lawful commercial activities.
Mr Bill Shipsey SC, for the company, claimed the restricted flying area over the Tour had been created for the commercial benefit of L'Evenement Ltd, the organisers of the Tour in Ireland.
Aerial Advertising Ltd of Weston Aerodrome, Leixlip, Co Kildare, is seeking an interlocutory injunction preventing the Minister for Public Enterprise and the Irish Aviation Authority from restricting or attempting to restrict it from carrying out its lawful commercial activities during the Tour this weekend.
Its court move follows a decision by the IAA, taken after a ministerial direction, purporting to establish a restricted flying corridor during the cycle race, extending to 5,000 ft high and one mile either side of the race route.
Mr Shipsey said the IAA issued an order last Saturday, replacing an earlier order, fixing the areas and times to which the flying restrictions would apply during the race in Ireland.
These had not been introduced for reasons of air safety but were the result of an agreement between the IAA and the organisers of the Tour in Ireland.
The IAA had imposed the restricted zone on foot of a direction of the Minister for Public Enterprise.
Mr Shipsey said there was an air space safety restriction prohibiting aircraft from flying less than 1,500 feet above a built-up area and sports arenas and his client had no difficulty in complying with this.
What Aerial Advertising was seeking was the right to fly one Piper Cub aircraft towing a promotional or advertising banner at a height of 1,700 feet above ground level and at a quarter mile to either side of the race route, weather permitting.
In an affidavit Mr Kieran O'Connor, managing director of Aerial Advertising, said he believed the direction given by the Minister to the IAA was not for the purpose of regulating but was for the commercial purposes of one company - L'Evenement
Ltd. It was no function of the IAA to enter into negotiations or seek to accommodate one commercial entity over another, Mr Shipsey said. The State could not use the provisions of the Air Navigation Acts to permit an agreement which would prevent competition and facilitate distortion of the market.
The State and the IAA, which are opposing the application, will make submissions when the hearing resumes before Mr Justice Kelly today.