Liberty and Laws, Freedom and Fireworks

[XLFD]

An Essay on Rights, Duties and the American Way on Independence Day

This year, July 1st fell on a Friday, and there were sporadic bouts of fireworks flying and exploding throughout the city of Ludington.  The next night, it was even more pronounced throughout the city, the sounds of fireworks popping up all over as I walked the streets shortly after dark. 

How could this be going on?  The City of Ludington Daily News (COLDNews) had put up a message from their police chief (Mark Barnett) on their front page this year explaining what the rules were in the Friday newspaper and on their website last year with an odd-titled Fireworks: Rules, warnings, what’s hot.  It was a 'hot topic' in the summer of 2014 when the city council set the current laws restricting the shooting of fireworks between the hours of 8 AM to 1 AM for the days of, before and after major holidays.  See the laws on Fireworks- City Code.

But last year and especially this year, citizens and probably visitors of the area, neglected to follow these laws.  We must presume they know what the rules are at this point, if not from the local media, if not from looking the rules up on the web, then from their neighbors.  So why aren't they following them?

Perhaps for the same reason they are celebrating this time of year:  freedom.  The rules made by our local city governments (Ludington and Scottville) regarding fireworks illogically create what is unjust law.  To whit:  If I can legally light fireworks at dusk on one day, why is it illegal to light those same fireworks at the same time on over 300 of the other days of the year? 

Back in 2014, I opined the proposed fireworks Ban Not Needed if We Enforce the Laws on the Books.  The "Disturbing the Peace" law could easily be quantified to say that any use of fireworks (or other loud-noise-making instrument) between the hours of 1 AM and 8 AM on any day would be disturbing the peace, rather than make a new law that seems arbitrary and whimsical in its application. 

This year the Village of Hamlin had their firework shows on July 2, so did many other cities, like Hart.  Our counties two largest cities could fine anybody who shot off a bottle rocket inside the city limits that night $500 just for celebrating their freedom as Hamlin was doing.  That isn't freedom.

Freedom is a delicate balance of rights and corresponding duties.  One can say they have a right to light firecrackers, but they also have a duty to not unduly infringe on another's rights to peace and quiet when they do.  Without some overriding legal authority, a reasonable compromise is usually developed between parties, allowing the use of fireworks under specific conditions.  The best compromises often become the laws.   

But then laws beget more laws that wander away from the original intent, as they did here-- with the State of Michigan's help.  Laws often go beyond that delicate balance between rights and duties between citizens, and develop new powers of the state that may conflict with natural harmony and justice.  It takes a popular rebellion to put that balance back in order, as what happened in the American Revolutionary War and even the Civil War.

The consequences of our current fireworks law go in two bad directions.  First, for those who wish to abide by the law, they find that their window of opportunity is rather small, and have to shoot all their fireworks in three or less days, leading to a combat zone feeling around Ludington for the July 3-5th period.  In our tourism based economy, our second shift workers often have to work this busy period and cannot enjoy night-time fireworks unless they have a day off.  Why are they being punished?

Second, a growing segment of the population see the fireworks ordinance as government overreach and 'bad law' and covertly but intentionally break the law since it can be hard to enforce without the cooperation of the violators.  This segment of the population may have its share of rude folks within it that set their fireworks off just to bother others, but it also has many that harbor the true "Spirit of '76" that we celebrate on Independence Day. 

For laws are tools of the tyrants when they are made without weighing their effects on everybody's rights and/or the extra duties they impose.  Our forefathers understood this and created this great country with a fresh blueprint designed to prevent such tragedies in the future.  We must continue the good fight by objecting to tyranny whenever it shows itself, like in these local laws, otherwise fireworks will not represent freedom anymore, but bondage.

[shinblind]

Why you may have missed Martin Luther King Day and Presidents Day to shoot off your fireworks you still have Labor Day, General Elections Day (every other year) and Veterans Day to shoot them off accordingly to this poorly thought out and worded law.

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&...

Or do we use National Holidays which include besides the above Thanksgiving, the day after Thanksgiving, Christmas Day, New Years day, Emancipation Day, Mothers Day and Fathers Day.

http://www.officeholidays.com/countries/usa/

And why allow them to be set off the following day? 

In all that is 15 days and with the day before and after being legal that is 45 days that you could argue you are allowed to legally shoot off fireworks in Ludington.

[XLFD]

The Michigan and Ludington parameters are very detrimental to diversity when you consider it.  Our French heritage individuals will want to light some fireworks on and around Bastille Day (July 14), our Hindu-heritage populations and visitors cannot celebrate Diwali, a five day fall festival celebrating the victory of good over evil.  Guy Fawkes Night for our Britons, (November 5) cannot now be celebrated, but it is a day that we should celebrate here in Ludington whenever we are able to cleanse ourselves of our current bad crop of officials.

Besides these holidays that fall outside the current ban, I would not restrict the use of consumer fireworks by individuals celebrating a wedding (or a divorce for that matter), a birthday or some other event of significance in their life, as long as they do so responsibly and with deference to their neighbors. 

[Willy]

Well done X. I think the firework situation boils down to someone's enjoyment in using fireworks and another persons  enjoyment of peace and quite. When I was a youth the fireworks available went pop and bang. Modern fireworks that are now available to private citizens go KABOOM. Some are so loud, they shake the house. I doubt there would be much complaining if the larger fireworks were to remain in the domain of the professionals.

[stump]

Do you think that the fire works abusers click on the city web site to check what ordinances they might be be violating? or might buy the daily rag paper to read while in town? I doubt that. As stated our councilors couldn't even get the ordinance right. NATIONAL HOLIDAYS ?, Nothing like giving these yahoo's 10% of the year to shoot off fire works. Fine bunch of proof readers we have working for us.

[Willy]

Ludington's fireworks ordinance follows Michigan fireworks safety act in regards to when citizens are allowed to use fireworks. The National Holiday stipulation and times of day are laid out in the State law. 

[XLFD]

Thanks for linking to the state law, Willy, I meant to.

Ludington's fireworks laws do throw in a couple of extra stipulations that is not found in the state law.  For example, a minor caught in possession of a consumer firework in Ludington can subject his parents to a $500 fine, even if they had no intention of using it.

As noted in the 2014 article Ban Not Needed if We Enforce the Laws on the Books  Novelties like party poppers (3.2.1), snap and pops (3.2.2), small toy smoke devices (3.2.3), snakes (3.2.4), wire sparklers (3.2.5) all fall within the ban, so letting your kid hold an unlit sparkler is a no-no by Attorney Wilson's silly firework law.

[Willy]

Insane fireworks displays

[AQUAMAN]

Someone on FB made a comment about our local fireworks being under par this year compared to previous years. I don't know, I enjoyed them, and it was a bit shorter, but I noted some newer unseen previously ones that came as a good surprise too. Of course another commenter said that person had no right to complain. Seems the tolerance for people to voice their own opinion on anything that another lib doesn't like, becomes an issue to many. What did you guys think about this year's fireworks? Thanks. 

[XLFD]

I agree with your observation, Aquaman, about the duration and the quality of the fireworks.  It was well choreographed in my opinion, and I enjoyed it.  Of course, on Facebook I make a similar observation, but objected to the Jaycee contingent in the group continuing to use the page as a fundraising tool, while refusing to answer questions about their financial affairs.  In typical lib fashion, they avoid any meaningful rhetoric or disclosures, and instead go after me (and those who expressed a negative opinion on this year's fireworks) as part of the problem and mistaken in their beliefs.

[AQUAMAN]

jfc and several others of us made some comments about trying some new ideas for fundraising. They included using bucket donation people at the post office, popular stores, the beach, and also using Boy and Girl Scouts to help, not just the letters sent to businesses as is done now. Didn't see any favorable replies to that, just continuing in the status-quo way they have always solicited funds. Like I said there and elsewhere, new ideas and people to accomplish goals with the leaderships of many charitable orgs., doesn't work, they don't really want membership to advance their agendas without it being their own ideas mostly. We also suggested a drive around the end of the year, knowing many want tax deductible write-offs, that too didn't garner much if any agreement.