A pilot accused of flying aerial banners over Oahu will face a jury trial.

Matthew Radeck works for Aerial Banners Inc., which is based in Florida. He was arrested in July under a city ordinance that bans aerial advertising.

Radeck’s attorney was granted a request for a jury trial Tuesday in court, Hawaii News Now reports.

Radeck’s company says it didn’t need to follow city rules because it has a waiver from the Federal Aviation Administration.

They flew signs several times over the summer until Honolulu police cited Radeck.

Radeck’s attorney says the arrest was unpleasant but it’s nothing they didn’t expect.

If convicted Radeck could get a three month sentence.

Radeck didn’t appear in court because he was allowed to leave the state and return to the mainland.