Calling Jackson County’s newly passed helicopter ordinance unconstitutional, Judge Steven Bryant last week dismissed the county’s case against Jim Garst and Cherokee Helicopters.

According to Bryant the ordinance violates the equal protection clause.

Qualla community resident Harmer Weichel said the helicopter “violates the rights of everyone living in the community to enjoy their homes and lives. It’s not fair for one company to disrupt the quality of life for the entire community.”

Jackson County’s sightseeing helicopter ordinance was passed Nov. 1 after several public meetings where large numbers of Qualla community residents turned out to petition commissioners for relief from the helicopter. There was some confusion at that meeting because the ordinance acted on was not the one that had been on public display for 14 days. Commissioners opted for an ordinance prepared by County Manager Ken Westmoreland, which sought to regulate sightseeing helicopters rather than banning them.

Westmoreland said after Friday’s ruling that the county would look at the judge’s order and decide “where we want to go from here.” It was his opinion the county would continue to seek a way to regulate sightseeing helicopters, probably through a rewritten ordinance.

Garst welcomed the ruling and said Cherokee Helicopters was open to working with the county and citizens to try and minimize the impact of the business. He said the company would be bringing a smaller, quieter helicopter to the Qualla location and had plans for structural renovations at the heliport to help reduce noise.

Weichel said he was sure commissioners would hear again from Qualla residents. He said peace and quiet were high on the list of preferences noted by participants in the county’s Smart Growth meetings. Weichel said he regards the helicopter, which can make up to 30-35 flights a day, as a source of noise pollution.

 

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