Story Published:
Jul 2, 2009

It's that time of year again. The "no consumer fireworks" folks are back - and they've given the police authority to write some pretty expensive tickets.
The law in Wisconsin when it comes to fireworks is, in words of one syllable, a mess. Despite the fact that fireworks stands dot the roadsides, it's basically illegal to shoot off anything that either flies or explodes. Some communities have ordinances that go even farther.
For example, in the City of Milwaukee, it's also against the law to use anything that sparkles. That's right, light that sparkler and you could be looking at a $675 citation. Give your child a sparkler and get ready to call your lawyer.
Many of you probably note the irony of cracking down on sparklers in a city where 77 year old storeowners are executed by young thugs toting shotguns.
Beyond this though, how far do we really want the Nanny State to go in regulating actions which are, in large measure, benign?
After mocking the sparkler ban on my radio program this afternoon, I received an impassioned e-mail from an official at a local Fire Department who was appalled that anyone would defend the use of fireworks of any kind. I won't embarass this person by naming him/her, but here's a portion of the e-mail:
"I was listening ton your radio program and cannot believe that you would advocate for the use of fireworks of any type. I have attached some very graphic pictures of persons hurt and killed by fireworks. The Fire Service across the country has been advocating for the ban of consumer fireworks.
Would you say a child hurt or injured by sparklers or any other fireworks product is an accident, tragedy or is it criminal? If the law prohibits the use, the actions by anyone who violates the law is criminal and they should be charged accordingly. Did you know that sparklers burn at almost 1200 degrees F.? Are children (and parents) aware of how easily hair could be caught on fire, hands or any other exposed body part could be burned and even worse their clothes caught on fire? ...
What is the liklihood that anyone will be injured, hurt or killed? It is significant enough risk that the majority of all fireworks are illlegal. It is irresponsible for someone as knowledgeable in the law to openly discount efforts by anyone, in this case a municipality to help prevent or eliminate anyone personally or their property from being involved in a preventable event. ...
Fireworks are truly dangerous and should be left in the hands of professionals to shoot. ... "
Can you say "over the top"?
I'm actually not a big fireworks aficionado so, in many respects, I don't have a dog in this fight. I also understand that shooting bottle rockets and lighting roman candles in an urban area can cause an assortment of problems. That said, it's nothing short of insane to ban sparklers.
I concede that if someone mishandles a sparkler, there is the possibility of getting burned. The same thing is true of an assortment of objects though ranging from outdoor grills to scented candles. We haven't banned any of these - at least not yet.
I guess it's true that you can "prevent" all fireworks-related injuries by banning fireworks. By this logic though, we should ban all automobiles in order to prevent automobile-related injuries.
Too extreme an example? Fine. How about banning baseball games in order to prevent injuries from foul balls?
Don't misunderstand. I'm not suggesting hat parents should give their four-year olds a cigarette lighter and a box of sparklers and send them running into the warm July night. At the same time, if adults or appropriately supervised youngsters want to light some sparklers, I don't think the world is going to come to an end.
The City of Milwaukee doesn't agree with me though. Shootings, teenage pregnancy, drug use, high unemployment, high taxes, poor schools? All problems that can wait for another day.
However this Independence Day, be careful. The sparkler police will be out in full force!