Questions raised over banning fireworks

FORT WAYNE, Ind. (WANE) - As the drought watch continues across the state of Indiana, questions have been raised about the legality of personal fireworks use under burn bans.

Since the middle of June, about two-thirds of Indiana’s 92 counties have issued open burning bans.  The bans vary between counties but many have included fireworks in the list of prohibited activities.

State statute allows individuals to shoot off fireworks during specified time periods throughout the year; included in which are days surrounding Independence Day starting June 29.

Some county leaders have argued that emergency declarations trump the state’s fireworks statute.

The Allen County Board of Commissioners issued a burn ban on June 15 for the entire county, including Fort Wayne and all other townships and municipalities.

“It is the position of the Allen County Board of Commissioners that unless individuals have a permit through the state, they are prohibited until the burn ban is lifted from igniting fireworks during that period of time,” Commissioner Nelson Peters said.

Commissioners in Miami County have acted under the same authority.  The Associated Press has reported that Indiana State Fire Marshal Jim Greeson has said that authority is uncertain and the issue hasn’t been challenged in court.

The law has been explained differently to at least one fireworks dealer.  Todd Smith has managed temporary Freebies Fireworks shops for 17 years.  He has been told that the only entity with the authority to ban fireworks is the Governor.

“From our knowledge of what’s going on, our attorneys are saying fireworks are allowed to be lit,” Smith said.

In the face of consumer confusion, Smith has witnessed plummeting sales when compared to years past.

“There’s a lot of money that goes into doing all of this,” Smith said.  “There [are] a lot of taxes, a lot of county permits, city permits and state permits in order to open of the stores.  We spend a lot of money, so we’re still hoping that people still come in and buy.”

Smith said he would like to see the various government bodies come together with a clear statement of what is permitted pertaining to fireworks this holiday season.