Narrative:

The flight involved a banner tow from oak to crissy field over a surfboard competition on 10/thurs/88, between XA30-XB15 local time. Prior to departure I contacted oak FSS and requested information to see if any restrictions were posted for the area of crissy field--knowing that the military team would be arriving this date. The briefer advised me that no restrictions existed at crissy field. I departed oak and was cleared by bay farm transition to NAS alameda airspace. After contacting NAS alameda was advised to remain clear of the departure of runway 13. I complied and told NAS alameda that I would proceed to the bay bridge toll plaza and proceed on the west side of bay bridge to my destination--crissy field. After turning southbound west of the bay bridge, NAS alameda informed me that they had a restr area at NAS alameda. I had observed 2 military landing and 2 military circling overhead. Knowing that crissy field was not restr (from FSS) I assumed that the restr area NAS was talking about was navy imposed restr area to protect the team practicing over the NAS and not an FAA imposed restr area. After arriving at crissy field I started circling in right turns over the water along crissy field beach. At this time 2 military passed below me at approximately 100' AGL. My first thought was that they were just trying (looking) the area over on their arrival at NAS alameda. However they continued making low passes over the water along the sf beach area. I immediately contacted the bay TRACON and asked if there was any restr area for the military to practice. (They normally have their practice show on fri--the day before the show on sat.) I was told by TRACON that no restr area existed over crissy field. I advised them that I had 2 military flying low at the area. TRACON informed me that they were operating under VFR, same as I was. I asked TRACON if I should leave the area. I was told it was not necessary since no restriction existed. I replied that I sure didn't mind if they didn't. After arrival at oak I was met by the FAA and told I was operating in a restr area! I explained to them I was led to believe that no restr area existed at crissy field. After the FAA departed I again contacted oak FSS. When the briefer answered I asked him if there was a restr area around crissy field and again I was told that no restr area was listed for that area. After I further inquired on any restriction in sf area for the following days, 10/fri & sat/88, I was given the NOTAM indicating the restriction along 104 degree right sausalito VOR 5 from sausalito and 5 mi radius from this point (this includes crissy field). Then I was told, 'oh by the way, this also applies to today.' I believe that this information was given to me too late. All along I was led to believe that there was no restr area. Callback conversation with reporter revealed the following: FAA has not contacted the reporter since the initial contact. Reporter feels he made every effort to get the current information reference possible restr airspace and was not given the information by FSS. Has flown this operation for the last several yrs and has never had any problem with the FSDO. Recent changes in personnel may be a factor. Went into a long discussion of incident that happened 5 yrs ago reference an engine failure and forced landing in an antique aircraft. Considerable FAA harassment reference the forced landing.

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Original NASA ASRS Text

Title: FSS FAILED TO ADVISE PLT OF RESTRICTED AREA IN EFFECT DURING MIL DEMO FLT.

Narrative: THE FLT INVOLVED A BANNER TOW FROM OAK TO CRISSY FIELD OVER A SURFBOARD COMPETITION ON 10/THURS/88, BTWN XA30-XB15 LCL TIME. PRIOR TO DEP I CONTACTED OAK FSS AND REQUESTED INFO TO SEE IF ANY RESTRICTIONS WERE POSTED FOR THE AREA OF CRISSY FIELD--KNOWING THAT THE MIL TEAM WOULD BE ARRIVING THIS DATE. THE BRIEFER ADVISED ME THAT NO RESTRICTIONS EXISTED AT CRISSY FIELD. I DEPARTED OAK AND WAS CLRED BY BAY FARM TRANSITION TO NAS ALAMEDA AIRSPACE. AFTER CONTACTING NAS ALAMEDA WAS ADVISED TO REMAIN CLR OF THE DEP OF RWY 13. I COMPLIED AND TOLD NAS ALAMEDA THAT I WOULD PROCEED TO THE BAY BRIDGE TOLL PLAZA AND PROCEED ON THE W SIDE OF BAY BRIDGE TO MY DEST--CRISSY FIELD. AFTER TURNING SBND W OF THE BAY BRIDGE, NAS ALAMEDA INFORMED ME THAT THEY HAD A RESTR AREA AT NAS ALAMEDA. I HAD OBSERVED 2 MIL LNDG AND 2 MIL CIRCLING OVERHEAD. KNOWING THAT CRISSY FIELD WAS NOT RESTR (FROM FSS) I ASSUMED THAT THE RESTR AREA NAS WAS TALKING ABOUT WAS NAVY IMPOSED RESTR AREA TO PROTECT THE TEAM PRACTICING OVER THE NAS AND NOT AN FAA IMPOSED RESTR AREA. AFTER ARRIVING AT CRISSY FIELD I STARTED CIRCLING IN RIGHT TURNS OVER THE WATER ALONG CRISSY FIELD BEACH. AT THIS TIME 2 MIL PASSED BELOW ME AT APPROX 100' AGL. MY FIRST THOUGHT WAS THAT THEY WERE JUST TRYING (LOOKING) THE AREA OVER ON THEIR ARR AT NAS ALAMEDA. HOWEVER THEY CONTINUED MAKING LOW PASSES OVER THE WATER ALONG THE SF BEACH AREA. I IMMEDIATELY CONTACTED THE BAY TRACON AND ASKED IF THERE WAS ANY RESTR AREA FOR THE MIL TO PRACTICE. (THEY NORMALLY HAVE THEIR PRACTICE SHOW ON FRI--THE DAY BEFORE THE SHOW ON SAT.) I WAS TOLD BY TRACON THAT NO RESTR AREA EXISTED OVER CRISSY FIELD. I ADVISED THEM THAT I HAD 2 MIL FLYING LOW AT THE AREA. TRACON INFORMED ME THAT THEY WERE OPERATING UNDER VFR, SAME AS I WAS. I ASKED TRACON IF I SHOULD LEAVE THE AREA. I WAS TOLD IT WAS NOT NECESSARY SINCE NO RESTRICTION EXISTED. I REPLIED THAT I SURE DIDN'T MIND IF THEY DIDN'T. AFTER ARR AT OAK I WAS MET BY THE FAA AND TOLD I WAS OPERATING IN A RESTR AREA! I EXPLAINED TO THEM I WAS LED TO BELIEVE THAT NO RESTR AREA EXISTED AT CRISSY FIELD. AFTER THE FAA DEPARTED I AGAIN CONTACTED OAK FSS. WHEN THE BRIEFER ANSWERED I ASKED HIM IF THERE WAS A RESTR AREA AROUND CRISSY FIELD AND AGAIN I WAS TOLD THAT NO RESTR AREA WAS LISTED FOR THAT AREA. AFTER I FURTHER INQUIRED ON ANY RESTRICTION IN SF AREA FOR THE FOLLOWING DAYS, 10/FRI & SAT/88, I WAS GIVEN THE NOTAM INDICATING THE RESTRICTION ALONG 104 DEG R SAUSALITO VOR 5 FROM SAUSALITO AND 5 MI RADIUS FROM THIS POINT (THIS INCLUDES CRISSY FIELD). THEN I WAS TOLD, 'OH BY THE WAY, THIS ALSO APPLIES TO TODAY.' I BELIEVE THAT THIS INFO WAS GIVEN TO ME TOO LATE. ALL ALONG I WAS LED TO BELIEVE THAT THERE WAS NO RESTR AREA. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: FAA HAS NOT CONTACTED THE RPTR SINCE THE INITIAL CONTACT. RPTR FEELS HE MADE EVERY EFFORT TO GET THE CURRENT INFO REF POSSIBLE RESTR AIRSPACE AND WAS NOT GIVEN THE INFO BY FSS. HAS FLOWN THIS OPERATION FOR THE LAST SEVERAL YRS AND HAS NEVER HAD ANY PROB WITH THE FSDO. RECENT CHANGES IN PERSONNEL MAY BE A FACTOR. WENT INTO A LONG DISCUSSION OF INCIDENT THAT HAPPENED 5 YRS AGO REF AN ENG FAILURE AND FORCED LNDG IN AN ANTIQUE ACFT. CONSIDERABLE FAA HARASSMENT REF THE FORCED LNDG.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.