“[T]hey can’t have a first-rate Fourth without a little noise
and nonsense.”
That’s what long-gone Chicago newspaper The Inter Ocean editorialized on July 4,
1877, writing about its paperboys and the city’s ban on fireworks.
“They envy the country boys who have no … city ordinance to prohibit them from
having a jolly time.”
Back then, Illinois allowed people to buy fireworks, but Chicago didn’t. Now
fireworks are banned statewide – even for “country boys.”
Why?
This Independence Day, families across the state were surrounded by rockets and
roman candles. Most were illegal. Illinois is among only four states in the
nation to prohibit the purchase and use of all, or nearly all, consumer
fireworks. The other 90 percent of Americans live under state governments that
aren’t Scrooges.
Illinois lawmakers were actively considering a statewide fireworks ban as early
as the 1930s. Chicago Democratic state Sen. Edward O’Grady introduced a bill in
1933 that would have made Illinois the first state to ban the manufacture, use
and sale of fireworks. It failed to pass.
Neighboring Iowa became the first state in the nation to ban fireworks in 1938,
and Illinois followed suit in 1942, when its own ban went into effect.
State Rep. William G. Thon, a Chicago Republican, authored that ban. Despite
serving nearly 40 years in the House and dying in office, the Associated Press
wire announcing his death in 1953 cited the fireworks ban as Thon’s signature
legislative accomplishment.
While it’s been modernized over the years, Illinois is still stuck with Thon’s
law. But Iowans finally got rid of theirs last year, making Independence Day
2017 the first time in generations that Illinois was completely surrounded by
states where residents were free to enjoy a variety of consumer fireworks.
And that makes Illinois’ bizarre anachronism all the more frustrating. Talk to
any border-town fireworks purveyor – from Kris Zambo of Dynamite Fireworks in
Northwest Indiana to Deanna Delimat of Black Bull Fireworks in Southeast
Wisconsin – and they’ll be happy to tell you a bulk of their business comes from
disgruntled Illinoisans.
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It’s easy to point to forgone summer jobs and
economic activity as reasons to overturn the ban. And it’s true
neighboring states have reaped millions of dollars in tax revenue
due to Illinois’ backwards law.
But the most important reason to repeal the ban is that Illinois,
the Land of Lincoln and first state to ratify the 13th Amendment,
isn’t a nanny. Celebrating independence shouldn’t come with a fine
or jail time.
That doesn’t stop a vocal minority from defending the ban, however.
Their main argument is simple: Safety.
While nobody wants to see a loved one harmed, those worries are
misplaced. Nationwide, tipped-over furniture and children’s toys
each caused more emergency-room visits than fireworks in 2017,
according to a report by the U.S. Consumer Product Safety
Commission.
The report concluded, “there is not a statistically significant
trend in estimated emergency department-treated, fireworks-related
injuries from 2002 to 2017,” despite more and more states legalizing
fireworks over that time.
In fact, one of the best arguments in favor of legalization is
safety. Bad sellers can be held to account and consumers can get
quality advice on the products they’re using.
A secondary argument in favor of the ban usually involves dogs,
babies or veterans with post-traumatic stress disorder. But these
groups suffer equally whether the noise is coming from a firework
purchased in Indiana, Wisconsin, Iowa, Missouri, Kentucky, Michigan
or Illinois. All else equal, it’s better if that money’s spent here.
And the law against using fireworks is practically unenforceable
as-is, doing little to protect sensitive people and animals.
Next year, state lawmakers should explore making rockets’ red glare
a legal pastime instead of a liability.
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