Maybe it was not an ARdrone used in the footage recently released by The Daily. This YouTube clip carries a mention for Perspective Aerials.
In their own words:-
A visual solutions company utilizing innovative tools designed for use within the film & photo industry.
How many times will the press to test button be pressed in the USA before the FAA acts?
Perhaps they are just allowing companies to quietly carry on.
Perspective Aerials have realised that pitching up at disaster scenes and filming is something that can make them cash.
The Daily might not be up to speed with current regulations in the USA and have bought the footage in good faith.
Aerial Perspectives have taken themselves off to emergency scenes in the past. Last year they took images from a boat during the BP Oil Spill. Many operators are waiting in the wings to start sUAS operation in the USA. Perhaps they should just start and wait to see if anything happens as well.