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Aerial banner company says it has waiver from FAA

    This courtesy photo shows a plane flying an aerial advertising banner over Oahu Sunday.

Criminal proceedings against an aerial advertising company and the pilot it hired to fly banners over Oahu were continued Tuesday morning.

Attorney Delanie Prescott Tate, who represented Aerial Banners Inc. and pilot Matthew Radeck in Wahiawa District Court, sought the continuance in order to consolidate the cases with others scheduled for Aug. 26.

Radeck, 55, was arrested last month by police after flying an aerial banner over Oahu in violation of a city ordinance. It was his second violation. His appearance in court Tuesday was related to his earlier citation, tied to an incident over the Independence Day weekend.

Aerial Banners attorneys argue that it does not need to follow city ordinance because it has a waiver from the Federal Aviation Administration that trumps local laws.

An FAA administrator, however, has since told city officials that the waiver does not allow the company to bypass local ordinances.

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