In the next two years, the number of commercial and recreational drones operating in the United States is expected to almost triple, reaching close to three million. While the vast majority of drones are used for lawful business and hobbyist reasons, even negligent or accidental use can cause damage or harm. And malicious uses of drones can cause catastrophic loss of life and property.
Here is what stadium owners and operators, team managers, and the cities and towns that host large gatherings of cheering fans need to know about drones for their security planning.
Drone Threats and Legal Gaps in Sports Venue Security
Drones have crashed into the seating areas at the U.S. Open and an MLB game and caused numerous “drone” delays in professional football and baseball games. During the 2024 Summer Olympics in Paris, French security personnel intercepted an average of six unauthorized drones every day. Luckily, there have been no fatalities, but one need only glance at headlines from Russia and Ukraine to recognize the ease with which someone can add deadly payloads to inexpensive drones.
Because of the potential risks, it is illegal to fly a drone within a three nautical mile radius of MLB or NFL games, NCAA Division One football games, or NASCAR Sprint Cup, Indy Car, and Champ Series races—from an hour before the event until an hour after it concludes.
Just four U.S. federal agencies—the Department of Justice (DOJ), Department of Homeland Security (DHS), Department of Defense, and Department of Energy—possess the requisite authority to perform advanced detection and mitigation in response to the threats posed by drones. No state or local law enforcement is currently authorized to engage in counter-drone mitigation of advanced detection measures, and no stadium owner or operator or any other private entity has this authority.
The limited authority that enabled DHS and DOJ to take counter-drone actions to protect certain sporting events and other high-risk facilities and assets expired on September 30 and has yet to be reauthorized.
Evolving Drone Regulations and Counter-Drone Mitigation
There are nonetheless a number of initiatives under way that can help stadium owners and operators and others that bring together large numbers of people.
Temporary Flight Restrictions
Temporary Flight Restrictions (TFRs) are automatic for certain sporting events. Others can currently be obtained for national security purposes and otherwise—although the process is long and cumbersome. In May, the Federal Administration Authority (FAA) announced a draft rule (known as the “2209” rule) that would facilitate the process by which stadiums and other fixed site facilities can apply for flight restrictions.
New Resources
The One Big Beautiful Bill Act appropriated $500 million to the FEMA’s State Homeland Security Grant Program to be used to enhance state and local capabilities to detect and monitor threats from unmanned aircraft systems. The application process is expected to open soon.
New Authorities
Pending legislation in the House of Representatives would reauthorize the expired DHS and DOJ counter-drone authority and create a special program for state and local law enforcement agencies responsible for securing the 2026 FIFA World Cup and 2028 Olympics to deploy and operate approved counter-UAS mitigation systems. Separately, a proposed bill in the Senate would also reauthorize the expired DHS and DOJ authority until 2028.
This is not just an issue for sports. In an October tabletop exercise at the Center on Cybersecurity Policy and Law on “Meeting the Homeland Drone Threat,” participants discussed ways to integrate counter-UAS considerations into all security planning. It was also a key focus of Venable’s Crisis Management and Crisis Prevention discussion, which delved into the legal and operational requirements for responding to crisis and mitigating risk, for sports venues and others.
No matter the source of the attack, there is a need for rapid deployment of emergency services, crowd control, engagement across local, state, and federal authorities, smart and effective communications, and strong organizational structures. Effective responses also must comply with regulatory requirements, while taking into account litigation risk, oversight potential, insurance considerations, and reputational harms.
