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18 fireworks deemed illegal by Illinois law
[JULY 2, 2003]
While reviewing
facts and circumstances that led to a 10-year-old's serious injuries
caused by fireworks this past week, State's Attorney Tim Huyett
became concerned. He found that the fireworks, which are thought to
be legal due to their widespread distribution, are in fact illegal
under state law. Huyett contacted the state fire marshal and
received their concurrence on this issue.
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During his discussions with
representatives of the fire marshal's office he was made aware of a
lawsuit prosecuted by the attorney general on behalf of the fire
marshal in both Kane and Menard counties. The result of the lawsuit
was a temporary restraining order prohibiting the distribution of 18
different specific fireworks that are for sale in some or all of the
tents operating in Lincoln.
Huyett also received and
reviewed a copy of an opinion letter from John A. Conkling, Ph.D.,
retired technical director of the American Pyrotechnics Association.
In his letter Mr. Conkling assesses the Illinois Fireworks Use Act
as it pertains to many of the items offered in the tents. His
opinion is that sale of many of the items violates the act.
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Permits have been granted by
the city of Lincoln for the operation of these tents. Huyett
contacted both Police Chief Richard Montcalm and Bill Bates, the
city's attorney. After sharing the information, all are in agreement
that the attorney general's temporary restraining order and the
state statute must be followed.
Following a midmorning meeting
on Wednesday, Chief Montcalm instructed his officers to inspect the
tents and enforce the law.
[Press
release from Tim Huyett,
Logan County state's attorney,
and William B. Bates,
attorney for the city of Lincoln] |
