My Ruling
First, thank you all for your replies, I respect all of your opinions and respect that you have the right to rule however you wish at your table. This is what I’ll do at mine and why.
Second, I have reviewed the SRD, the PHB, DMG and the Errata on the Wizards site and have found enough support for my claim that dispelling the wings of flying does not work like dispelling the fly spell.
The three basic tenants of this ruling are.
1. While it may sound like semantics, the 1st sentence of the dispel spell description says….
The character can use dispel magic to 1) end ongoing spells that have been cast on a creature or object; 2) to temporarily suppress the magical abilities of a magic item; 3) to end ongoing spells (or at least their effects) within an area; or 4) to counter another spellcaster’s spell. “
Further research into choice 2 of the above possibilities brings some light to the issue for me. The definition of SUPRESS (In the glossary of the PHB) is: (TO) Cause a magical effect to cease functioning without actually ending it. When the suppression ends the spell effect returns provided it has not expired in the mean time
This is vastly different than the definition in reference to a spell (choice 1 above), which says that in that case the dispelled spell ends as if its duration had expired normally.
The description of the dispel spell (see below) uses the term suppress exclusively to refer to the effects of dispel with regards to magic items.
I will therefore rule in my game that even though one actually has to cast “the dispel magic spell” to hinder a magic items ability to function the item itself is not actually dispelled but only suppressed. (See the definition of suppress above)
Now this certainly will lead to some questions that may require further rulings in game. So, here is how I intend to handle some of the situations in my game.
A magic item that creates its effect in the manner of a spell, i.e. a wand can both be suppressed (if the item itself is targeted) making it useless and unresponsive to the command/activation or trigger word for the duration of the suppression and dispelled in that the spell effect generated by it will cease to function (as above) as if the duration had expired normally (when the target of the spell is an area).
Likewise a command word activated item with a limited amount of charges/uses per (X) (the effects of which have a limited duration and could therefore end normally) could be both be suppressed (if the item itself is targeted) making it useless and unresponsive to the command/activation or trigger word for the duration of the suppression and dispelled in that the spell effect generated by it will cease to function (as above) as if the duration had expired normally (when the target of the spell is an area or person).
A magic item that is always active can only be suppressed. Magic items are not affected by area dispels.
There will be exceptions to the above…
Which brings us to the Item in question that happens to be one of the exceptions to the rules (both my interpretations and the actual text in the PHB, DMG, Errata and FAQ).
So here is the definition of the Wings of Flying from the SRD:
Wings of Flying
When the wearer speaks the command word, this cloak turns into a pair of gigantic wings (bat or bird, 20-foot span) and empower the wearer to fly as with a fly spell anywhere wide enough to accommodate the wingspan.
Caster Level: 5th; Prerequisites: Craft Wondrous Item, fly; Market Price: 22,000 gp; Weight: 2 lb.
The issues with this item are:
1.) It is command word activated but not limited in duration so the wings will neither just suddenly stop working “as if the spells duration ends normally” - since there is no duration, nor is it limited to a number of uses per day or other time span.
2.) The cloak turns into a big ole set of wings and allows the wearer to fly as with a fly spell anywhere wide enough to accommodate the wingspan. But what does “as with” mean.
Discussion:
While “allows the wearer to fly as with a fly spell” could be liberally interpreted to mean “exactly like” the “as with a fly spell” part is ambiguous enough IMHO to warrant DM interpretation. Also IMHO the phrase as it appears above simply refers to the speed and maneuverability ratings contained within the spell for ease of description.
While the “allows the wearer to fly as with a fly spell” phrase is compelling its intent in the context of this particular item is suspect. Unlike the spell that allows the character to fly without any visible means of support, this item is a cloak in its non-activated form and “wings” when activated. Therefore in good faith I have to rule that the “wings” and the flapping action of them are both necessary to sustain flight. So when suppressed the wings would immediately revert back to their non-activated form – a (according to the definition of a suppressed magic item in the spell description) simple, non-magical cloak for the duration of the suppression. This IMHO would result in the character falling like a stone towards the earth until the suppression ends.
This is the ruling I will make in my game…thanks for the input from all of those who responded. This works for me it seems fair and logical. If you like it use it if not feel free to do as you see fit.
The SRD Description of…
Dispel Magic
Abjuration
Level: Brd 3, Clr 3, Drd 4, Magic 3, Pal 3, Sor/Wiz 3
Components: V, S
Casting Time: 1 action
Range: Medium (100 ft. + 10 ft./level)
Target or Area: One spellcaster, creature, or object; or 30-ft.-radius burst
Duration: Instantaneous
Saving Throw: None
Spell Resistance: No
The character can use dispel magic to end ongoing spells that have been cast on a creature or object, to temporarily suppress the magical abilities of a magic item, to end ongoing spells (or at least their effects) within an area, or to counter another spellcaster’s spell. A dispelled spell ends as if its duration had expired. Some spells, as detailed in their descriptions, can’t be defeated by dispel magic. Dispel magic can dispel (but not counter) the ongoing effects of supernatural abilities as well as spells. Dispel magic affects spell-like effects just as it affects spells.
Note: The effects of spells with instantaneous duration can’t be dispelled, because the magic effect is already over before the dispel magic can take effect.
The character choose to use dispel magic in one of three ways: a targeted dispel, an area dispel, or a counterspell:
Targeted Dispel: One object, creature, or spell is the target of the spell. The character makes a dispel check against the spell or against each ongoing spell currently in effect on the object or creature. A dispel check is 1d20 +1 per caster level (maximum +10) against a DC of 11 + the spell’s caster level.
If the spellcaster targets an object or creature who is the effect of an ongoing spell (such as a monster summoned by monster summoning), she makes a dispel check to end the spell that conjured the object or creature.
If the object that the character targets is a magic item, the character makes a dispel check against the item’s caster level. If the character succeeds, all the item’s magical properties are suppressed for 1d4 rounds, after which the item recovers on its own. A suppressed item becomes non-magical for the duration of the effect. An interdimensional interface is temporarily closed. Remember that a magic item’s physical properties are unchanged. Artifacts and creatures of demigod or higher status are unaffected by mortal magic such as this.
The character automatically succeeds at the dispel check against any spell that the character cast.
Area Dispel: The spell affects everything within a 30-foot radius.
For each creature who is the target of one or more spells, the character makes a dispel check against the spell with the highest caster level. If that fails, the character makes dispel checks against progressively weaker spells until the character dispels one spell (which discharges the dispel so far as that target is concerned) or fail all the character's checks. The creature’s magic items are not affected.
For each object that is the target of one or more spells, the character makes dispel checks as with creatures. Magic items are not affected by area dispels.
For each ongoing area or effect spell centered within the dispel magic’s area, the character makes a dispel check to dispel the spell.
For each ongoing spell whose area overlaps that of the dispel, the character makes a dispel check to end the effect, but only within the area of the dispel magic.
If an object or creature who is the effect of an ongoing spell, such as a monster summoned by monster summoning, is in the area, the character makes a dispel check to end the spell that conjured the object or creature (returning it whence it came) in addition to attempting to dispel spells targeting the creature or object.
The character may choose to automatically succeed at dispel checks against any spell that the character cast.
Counterspell: The spell targets a spellcaster and is cast as a counterspell. Unlike a true counterspell, however, dispel magic may not work. The character must make a dispel check to counter the other spellcaster’s spell.
And this one too…
Fly
Transmutation
Level: Sor/Wiz 3, Travel 3
Components: V, S, F/DF
Casting Time: 1 action
Range: Touch
Target: Creature touched
Duration: 10 minutes/level
Saving Throw: None
Spell Resistance: Yes (harmless)
The spell’s subject can fly with a speed of 90 feet (60 feet if the creature wears medium or heavy armor). The subject can fly up at half speed and descend at double speed. The flying subject’s maneuverability rating is good. Using the fly spell requires as much concentration as walking, so the subject can attack or cast spells normally. The subject of a fly spell can charge but not run, and it cannot carry aloft more weight than its maximum load, plus any armor it wears.
Should the spell duration expire while the subject is still aloft, the magic fails slowly. The subject drops 60 feet per round for 1d6 rounds. If it reaches the ground in that amount of time, it lands safely. If not, it falls the rest of the distance. Since dispelling a spell effectively ends it, the subject also falls in this way if the fly spell is dispelled.
Looks like a dispelled Wings of Flying causes the floating effect.
