Similarity case: Ocean to high tide line (or verify the law's line) seems legally open in most cases for public access. Such seems to imply access paths to that public resource; such access paths are common; that is, private property is not to severely prevent the public from getting to the ocean.
In California, promotion of public access to the coast is deeply embedded in state statutes, most prominently in California's Coastal Act. Indeed, Californians have a state constitutional right of public access to coastal areas
The Coastal Commission publishes the California Coastal Access Guide with information on more than 850 public access sites along the entire 1110 mile long coast.
Let such model apply to the US airspace for recreational hang gliding. Especially where there is a known and used recreational hang gliding and soaring airspace, that is, say the lift zone over Torrey Pines in San Diego. Obviously San Diego is supplying PAY-AS-YOU-GO access to the federal airspace asset; such cements the fact of airspace access, a public federal asset; but San Diego is tacitly NOT providing even a sliver of access to federal citizens for recreational hang gliding. Something is serious wrong about the failure to provide ordinary free access to the airspace asset for gliding. Needed: a tiny take-off spot; from such one could soar in the federal asset.
The United States Government has exclusive sovereignty of airspace of the United States. A citizen of the United States has a public right of transit through the navigable airspace.
Airplanes soaring above your property are not trespassing because they are flying in what Congress has declared as the public highway
The alterative is burdensome: Soar into the Torrey Pines airspace (sic, federal aerial highway) from some afar-non-San-Diego launch. Such burden is inequitable treatment of citizens of the USA. Sue San Diego for equitable access to the federal airspace? Negotiate? Right now a park visitor just outside the line of sour leased square footage, a person may jump up into the federal airspace; but if that jumper has deployable hang gliding wings, then will the San Diego police apply the "no hang gliding" ordinance (that exempts the allowed lease-controlled area) to fine/jail the winged jumper? In fact, I have jumped up into the Torrey airspace while being outside the soured leased square footage; my held wings (tiny) were not sufficient to let me soar; no one noticed my tiny jump-tiny flight, but I was in the federal airspace asset for a moment; privatizing airspace is a San Diego sin via their sour lease situation.
There was a time where San Diego did not prevent free hang gliding. It is time for San Diego to provide a launch for free equitable access to the federal airspace above the Torrey Cliffs for recreational hang gliders. Such access could be aside the unfair lease deal or smoothly fused with the same.
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Gliderport Comms. with R.E.A.D. pt 1.pdf
