The Federal Aviation Administration found Nassau County police were justified in using a helicopter to disperse a crowd of young adults at the central mall area of Jones Beach on June 5.

When a large crowd becomes violent, damages property or threatens public safety, police have a duty to protect lives and property by dispersing the participants. That duty, however, doesn't warrant maneuvers that unnecessarily increase danger. That's why more answers are needed. Flying a helicopter low and directly above a crowd — while effective at scattering people — holds too much risk for people on the ground and the flight crew.

The NCPD said the need to disperse "approximately three hundred people fighting on the beach" required the department to respond "with a significant amount of resources." A Nassau police spokesman told Newsday the helicopter was used to observe the crowd, relay information to a commander, and look for people needing medical help. Video of the incident, however, shows the helicopter apparently hovering a few dozen feet overhead. According to an ABC7 News radar analysis, the helicopter was flying as low as 50 feet. News accounts report some fisticuffs, not hundreds of brawling people.

The FAA, which prohibits helicopters flying too low over crowds unnecessarily, said in a statement that it had "conducted a thorough investigation and did not find any violations of the regulations." The report was not made public. In a statement, County Executive Bruce Blakeman said, "We are grateful that at the conclusion of the investigation by the FAA, there was no finding of rule or regulation violations by our outstanding helicopter pilots who did an amazing job diffusing a situation that could have resulted in injury to our young people."

But what happened at Jones Beach seems contrary to other law enforcement departments' policies. "We use our helicopters to monitor large public gatherings from a high altitude. We do not fly at low altitudes directly over a crowd," New York State Police told the editorial board. An NYPD spokesperson emailed that helicopters are used "to assist with effective resource planning" and situational awareness, not crowd control. The NYPD reformed its protest response policies in 2023, and is prohibited from deploying helicopters "with the intent of intimidation or the intent of disrupting, interfering with, or dispersing a lawful protest." In an emailed statement, Suffolk police said helicopters may be used "when the safety of officers or the community is in jeopardy and the presence of air support may reduce such hazards."

Nassau's response to what might have been its first use of a helicopter in this manner raises questions. Who determines that a crowd has become dangerous and must be cleared out by aerial intervention? What protocols are in place to minimize injuries? What training do pilots receive to use a chopper this way?

Nassau needs to articulate its plans for when and under what conditions a police helicopter will be used to disperse a crowd. 

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