Fireworks Lawsuits Fizzle

Facing severe drought conditions, several Texas counties adopted emergency measures to avoid fire dangers from fireworks during the July 4th holiday. Many commissioners courts prohibited the sale or use of “skyrockets with sticks and missiles with fins” under the authority of Section 352.051, Local Government Code. Other commissioners courts also prohibited the use of all fireworks through a “burn ban” order under Section 352.081, Local Government Code. Finally, some county judges prohibited the sale or use of all fireworks by declaring a local disaster under Chapter 418, Government Code.
In a few counties, the fireworks industry challenged these orders. As in past years, a favorite tactic involved seeking a temporary restraining order with no court hearing until after the holiday period. Most district judges declined these requests. A few were granted, effectively blocking those counties’ attempts to protect life and property.
Since drought conditions are likely to re-occur, this scene will be repeated until either (1) an appellate court upholds the counties’ authority under these statutes, or (2) the Legislature grants clear authority to counties to ban the sale of fireworks, like cities. The County Judges and Commissioners Association of Texas and the Texas Association of Counties will continue to support efforts to resolve this issue. The House Committee on County Affairs is currently conducting another study on the issue of fireworks regulation. Please let your legislators know that counties should have clear authority to protect life and property from extreme fire danger.
For more information, please call me at 1-800-733-0699.
Jim Allison, General Counsel CJCAT