Go to the homepage for the Sylva Herald and Ruralite

Sight-seeing helicopter returns to Qualla airspace
Helicopter Cherokee Helicopters pilot Earl Johnson readies a new aircraft for flight Dec. 13 at the heliport adjacent to the Cherokee Indian Reservation. The sight-seeing company closed for two months while another pilot and the company's general manager, Jim Garst, fought a county ordinance to regulate such businesses. Following a District Court judge's ruling Dec. 7 that the ordinance violates the U.S. Constitution's equal protection clause, the helicopter company resumed operations. County leaders are expected take up the issue again tonight (Thursday) during their meeting at 7 p.m. - Herald photo by Lisa Majors-Duff Remaining true to his word, Cherokee Helicopters General Manager Jim Garst reopened his business in Jackson County's Qualla community last week.

But as his new pilot readied a smaller aircraft for take-off, Garst was adamant it would not be business as usual for the sight-seeing company. A court battle earlier this month has given him reason make some adjustments, he said.

Cherokee Helicopters flew from the company's heliport adjacent to the Cherokee Indian Reservation Dec. 13 for the first time after a two-month shutdown brought on by the county's attempt to regulate the business with an ordinance written by county Manager Ken Westmoreland. That shutdown cost the company about $40,000 a month in lost revenue, Garst said.

The business grounded its helicopter for a month prior to the ordinance's adoption, hoping "a good-faith effort" would illustrate the company's willingness to work with the county to reach a compromise, Garst said.

That never happened; an ordinance was approved and Garst was cited by the Sheriff's Department four days later for flying with a paying customer. Garst removed the helicopter from Qualla after receiving the citation.

The case against the pilot was dismissed Dec. 7 after his lawyer, Ben Bridgers of Sylva, successful argued that the county's ordinance violated the equal protection clause of the U.S. Constitution.

Though it would be easy for him to be bitter after losing $80,000, plus attorney fees, to prove his business is a legal endeaver, Garst said he is not. He remains willing to work with county officials, who adopted their sight-seeing helicopter regulations at the request of community members. Nearby residents have complained that the noise the business generates has disrupts their way of life.

In addition to employing a new, smaller helicopter that carries three passengers and a pilot (the aircraft used prior to the two-month shutdown held a total of six passengers), Garst said he has instructed pilot Earl Johnson to eliminate the shortest, least expensive flight.

"By cutting out the $15 flight, we hope to reduce the number of times we take off and land," he said. "I think that flight generated the greatest number of complaints."

Sound-proof fencing is also being considered for three sides of the heliport to cut down on the take-off and landing noise, which Garst admits is louder than actual flight noise. The fence may not be necessary if the business is successful in moving to a new location on U.S. 74, where fewer residences surround the property, said Garst.

Once in the air, Garst illustrated the difference between flying at 500 feet, the height the FAA allows, and 2,000, the height his pilot has been instructed to fly.

"(Residents) complain that we are looking in their windows and in their backyards," Garst said, speaking into a headset. "Look around at this beauty. This is what we're looking at."

Garst said he hopes the county commissioners will not continue work on an ordinance to regulate his company more than the federal government already does. But with the issue on tonight's (Thursday's) agenda, he says he hopes to be in attendance, available should he be needed.

"We're just glad to be back in business," Garst said. "We want to work with the community and the county."

Back to Archive: 12/20/01.