Charles Shiflett Column July 10, 2005

Fireworks Bill Should Have Never Become Law

As a kid growing up in Cedartown, fireworks heaven (also known as the Alabama state line) was just a
few minutes away. Though legal across most of the south, fireworks were strictly forbidden here in
Georgia. My dad was a stickler for the law and would never take me, but most summers the kids in
the neighborhood would talk one of the other dads into driving us over there and we'd load up.

In the "good old days" you could buy some really powerful stuff for not much money. M-80's back in
the 1960's & 70's would blow the lid off a garbage can, but I won't bore you with stories of all the things
we did… the statute of limitations may not have expired yet.

Of course we were all lectured about being careful. Plus we all were told stories about some kid in
town who had blown off all of his fingers. Seems everyone had heard about this youngster, but no one
had actually ever seen him. The lessons must have hit home though as none of the gang of kids I ran
with was ever seriously hurt.

Across most of Georgia, local law enforcement officers have always tended to only softly enforce the
statewide fireworks ban. As long as you are careful and only fire them off on major holidays, nothing is
usually done about it unless a neighbor complains about the noise.

I really haven't thought about fireworks very much over the last few years. Then seemingly out of
nowhere, State Senator Don Balfour ramrodded a bill thru the Georgia legislature this year that made
sparklers and some other non-explosive pyrotechnics legal.

You see, Don Balfour is chairman of the Senate Rules Committee and virtually nothing makes it to the
floor of the senate without coming through his committee. He made it very clear to his fellow
legislators in the house and senate… any member who wanted his or her bills to be passed out of
committee would have to vote yes for the sparkler bill.

With the session winding down, Balfour's strong-armed tactics worked and a large number of
legislators held their noses and passed Balfour's bill. There was no public outcry in favor of Balfour's
proposal. In fact, fire chiefs across the state had lobbied hard to defeat the legislation on safety
concerns, but to no avail.

I last spoke with Don Balfour in May of 2000 when he borrowed my hotel room in Savannah to shower
and change for an early evening fundraiser after flying in late. Balfour is a nice guy, but he has had
some squirrelly ideas over the years. I'd really like to pick his brain for a few minutes to try and
understand why he used up so much political capital just to make sparklers legal.

To say last weekend was confusing for Georgian's interested in shooting fireworks would be an
understatement. July 4th was the first major holiday since the sparkler bill was passed… and many
merchants, law enforcement officers, and elected officials are still unsure of the bill's ramifications.

Some merchants didn't realize only those 18 years of age and older could buy sparklers. A few
retailers thought all fireworks were now legal… or thought they could get away with selling them. Many
others were caught in the middle trying to understand exactly what was now permissible.

A number of cities and counties passed their own local ordinances making the newly legal fireworks
illegal again. In one metro county, the county's attorney told the commission they couldn't pass a
local ordinance that would supersede the state law.

Locally, the City of Cartersville passed an anti-sparkler ordinance. County Commissioner Clarence
Brown also moved to make the state law null and void in unincorporated Bartow County- though his
ordinance didn't take effect until midnight on the July 4th. I never heard if Adairsville, Emerson,
Euharlee, Kingston, White, or Taylorsville passed any fireworks ordinances of their own.

Now considering my own past extensive use of fireworks as a kid, I might sound a little hypocritical
trying to make a case for why fireworks should be illegal… so I won't. But I will say that Don Balfour's
sparkler bill should have never become law.

Our existing poorly enforced fireworks law has just been blown apart as this new sparkler bill has done
nothing but embolden a larger number of people to travel across the state line to buy the real thing.
Plus the state is now home to a hodgepodge of confusing local ordinances possibly in conflict with the
new state law.

This new statewide sparkler law has only opened up Pandora's box. Maybe someone needs to toss in
a couple of M-80's and run!