Fireworks law has teeth and could bite any local bans on personal displays (updated)

In what has been the driest June in history, Dubois County and its cities have their hands tied in banning personal displays of fireworks over the Fourth of July holiday to prevent fires.

In 2006, Indiana’s commercial fireworks dealers pressured state lawmakers to approve a law making it legal for Hoosiers to shoot off fireworks from June 29 to July 9. The law allows the fireworks even if an open burn ban is in place for the county.

Huntingburg Mayor Denny Spinner has received calls about people shooting off fireworks and the potential fires that could result. He says his hands are tied. The state made it legal for them to shoot them off and all we can do is to be ready if a fire occurs, Spinner said.

Tammy Miller, County Emergency Management Director, has received many calls about the county’s stance on banning fireworks. “There is a lot of concern on why there is no ban on fireworks,” she said. “Due to the law we can’t ban fireworks.”

According to the County’s Lawyer Art Nordhoff, if any type of firework ban or ordinance was passed the county could face a lawsuit from the Indiana Fireworks Dealers Association.

Recently, in light of several counties in Indiana issuing fireworks bans under the drought disaster declarations, John Brooke, the Muncie-based general counsel of the Indiana Fireworks Dealers Association, told the Indianapolis Star the trade group is considering asking a judge for an injunction that would halt any bans put in place by Indiana counties.

Some area organizations have decided to put off any fireworks displays. Holiday World and Splashin’ Safari issued a press release yesterday on planned fireworks at the park and then cancelled the show early Thursday morning. In the press release, Paula Werne, Director of Communication at Holiday World, stated, “Just hours after sending yesterday’s news release about our plans for 4th of July Fireworks here at the park, it was decided that due to the extended hot, dry forecast, it would be best to cancel the fireworks, for safety’s sake.”

Despite the dry weather, the Dubois County Bombers are planning a fireworks display on July 3 and July 4. According to the Bombers General Manager Gary Freymiller they don’t have any plans to cancel the show. “We are talking with the City of Huntingburg and we feel with their cooperation and the Huntingburg Fire Department’s presence we have things well under control.”

The Bombers are taking precautions; they plan on shooting the fireworks from the dirt infield of the nearby men’s softball field. The Huntingburg Fire Department will be wetting the grass in the outfield and plans on having two trucks at the displays with several firefighters on scene.

Chief Patberg also wants the public to know despite the law giving them the right to shoot off personal fireworks if they cause a fire, they will be held liable for those damages.

The Jasper Strassenfest committee will have a fireworks display on July 4 at the Schroeder Sports Complex. Jasper Fire Chief Kenny Hochgesang said the fire department will have three trucks and maybe two dozen firefighters there. They will be shooting over the large parking lot there and hope that will prevent any fires from starting.

“We are just asking everyone to not shoot fireworks and attend public displays,” Hochgesang said. “If you’re shooting bottle rockets, it is difficult to tell where they could land and if it is hot enough to start a fire. So we are just asking people to attend these public displays.”

Public displays of fireworks include the Thunder of Patoka Lake event on June 30, Huntingburg League Stadium Fire Works after the Bombers’ games on July 3 and 4, and the Strassenfest Fire Works at Schroeder Sports Complex on July 4.

If people are planning fireworks displays, it is recommended they only use the ground-based fireworks and to watch the area for potential fires after the displays are finished.