Showing posts with label Fireworks: Nov 2006 Election postings. Show all posts
Showing posts with label Fireworks: Nov 2006 Election postings. Show all posts

November 9, 2006

The Fireworks Money Won

Imagine that! I want to thank everyone who helped out on the Yes on Measure D effort. Again it was grass roots and had no where near the money the fireworks company dumped into this. There were 19,707 total Measure D votes cast out of 41,000 registered voters. That is a 48% turnout which is quite good. In fact more people voted on the fireworks measure when compared to the other two parking measures. Yes on D also did not do that bad when compared to the loosing side on the parking measures. If you look at the $40,000 spent by the fireworks companies that is about $3.35 per yes vote. Not bad when you consider the hundreds of thousands of dollars they will reap in years to come from selling smoke and sparks.

One thing to keep in mind is that if you extrapolate these election figures out to the entire population of Lakewood that is over 32,000 residents that STILL WANT TO BAN ALL FIREWORKS. That is a large number of taxpayers.

Which brings me to my next point. Mayor Van Nostran (30 years on the council) said on the Lakewood webpage "And there will be no return to the situation in past years, when fireworks turned too many neighborhoods into virtual battlegrounds. The city council will deploy – and expand as necessary – a vigorous Sheriff-led public safety presence in the weeks before July 4, 2007."

Of course that same vigorous sheriff enforcement is what led to the Dunrobin Miller Explosion in the first place! Also missing from the Mayor's statement is just what will be cut from the city budget every year from now on to hire all the additional officers to make sure all the "safe and sane" users have a good time burning up their money while at the same time chasing the illegal users. We all know from the last 10 years before July 2006 how successful that campaign has been!

LAAG will continue to monitor the situation as it develops. And there are still many other issues in the city that need "action" and "accountability".

The parking issues appear to be on the right track for now but surely the ball will get dropped in the enforcement and in the details of the implementation. We also still have on property parking to deal with in a city chocked full of eyesores.


As of Date: 11/08/2006 Time: 04:01 Votes Percent

LAKEWOOD MEASURE

D - PROHIBITION OF FIREWORKS - YES 7,659 38.86
(MAJORITY OF VOTES CAST) - NO 12,049 61.14

F - PROHIBIT TRAILR ST PRKING - YES 13,798 70.80
(MAJORITY OF VOTES CAST) - NO 5,692 29.20

C - PROHIBIT RV STREET PRKING - YES 13,128 67.56
(MAJORITY OF VOTES CAST) - NO 6,304 32.44

TOTAL PRECINCTS 57 PRECINCTS REPORTING 57 100.00
REGISTRATION 41,000

November 6, 2006

Litigation filed against American Promotional Events, Inc (TNT fireworks in CA)

Below is a list of all civil cases filed by and against American Promotional Events, (APE) Inc. in all federal courts in the USA. APE does business in CA under the name "TNT Fireworks". It does not include state court suits or claims not yet in litigation. There may also be personal injury cases against APE in these cases below. Of particular interest are the cases by the city of Rialto and City of Colton (in bold type below). In those cases APE is being accused by the cities of contaminating the groundwater with the chemical Perchlorate, which is used in fireworks. From an 11/2/06 story in the San Bernardino County Sun, it was reported that "Perchlorate has spread from properties in north Rialto, contaminating wells in both cities. The cost of cleaning up the entire Rialto-Colton basin is expected to run into the hundreds of millions of dollars." The Colton case was dismissed due to a federal procedural issue and may be re-filed in state court. The Rialto case will move forward in Federal Court.

Vote YES on Measure D


Civil Name Search Results
22 Total Party matches for selection AMERICAN PROMOTIONAL EVENTS for ALL COURTS
Search done Fri Nov 3 13:04:27 2006

Name Court Case No. Filed NOS Closed
1 AMERICAN PROMOTIONAL EVENTS INC alndce 3:2003cv00032 01/07/2003 190 02/23/2004
American Promotional v. Eckerd Corporation

2 AMERICAN PROMOTIONAL EVENTS INC scdce 2:1999cv00171 01/20/1999 360 04/14/2000
Lennen, et al v. Dillard Department

3 AMERICAN PROMOTIONAL EVENTS INC wawdce 2:1995cv00743 05/15/1995 840 04/15/1996
Pyrodyne American, et al v. Western Fireworks

4 AMERICAN PROMOTIONAL EVENTS INC wawdce 2:1995cv00743 05/15/1995 840 04/15/1996
Pyrodyne American, et al v. Western Fireworks

5 AMERICAN PROMOTIONAL EVENTS INC alndce 3:2000cv03515 12/06/2000 442 12/11/2001
Pritchard v. American Promotional

6 AMERICAN PROMOTIONAL EVENTS INC-WEST cacdce 5:2004cv00079 01/21/2004 893
City of Rialto v. United States Department of Defense

7 AMERICAN PROMOTIONAL EVENTS INC-WEST cacdce 2:2005cv01479 02/28/2005 890
Colton City of v. American Promotional Events Inc-West

8 AMERICAN PROMOTIONAL EVENTS INC-WEST cacdce 2:2005cv01479 02/28/2005 890
Colton City of v. American Promotional Events Inc-West

9 AMERICAN PROMOTIONAL EVENTS OF ALABAMA INC wawdce 3:1999cv05338 06/25/1999 840 07/02/1999 American Promotional v. Thunder Fireworks, et al

10 AMERICAN PROMOTIONAL EVENTS OF ALABAMA INC. ohndce 4:1999cv00776 04/02/1999 840 05/18/1999 Amer Promo Events AL v. BJ Alan Company Inc.

11 AMERICAN PROMOTIONAL EVENTS OF ALABAMA INC. ohndce 4:1999cv02371 10/04/1999 840 03/02/2000 B. J. Alan Company v. Amer Promo Events AL

12 AMERICAN PROMOTIONAL EVENTS OF ALABAMA, INC. ksdce 2:1999cv02235 06/01/1999 840 06/24/1999 American Promotional v. Jakes Fireworks Inc

13 AMERICAN PROMOTIONAL EVENTS, INC tnedce 3:1997cv00709 09/22/1997 442 12/30/1997
Green v. American Promotional, et al

14 AMERICAN PROMOTIONAL EVENTS, INC tnedce 3:1997cv00710 09/22/1997 442 12/30/1997
Rogers v. American Promotional, et al

15 AMERICAN PROMOTIONAL EVENTS, INC ctdce 3:2001cv01168 06/22/2001 440 07/06/2001
American Promotional v. Spada, et al

16 AMERICAN PROMOTIONAL EVENTS, INC. nddce 4:2006cv00014 03/14/2006 840
American Promotional Events, Inc. v. Gaudreau et al
17 AMERICAN PROMOTIONAL EVENTS, INC. hidce 1:2002cv00018 01/09/2002 840 01/08/2003
American Promotional v. Asia Pacific Trading, et al

18 AMERICAN PROMOTIONAL EVENTS, INC. ncmdce 2:1995cv00535 07/21/1995 840 12/20/1996
AMERICAN PROMOTIONAL v. VICTORY FIREWORKS, et al

19 AMERICAN PROMOTIONAL EVENTS, INC. miwdce 1:2001cv00817 12/17/2001 840 12/02/2002
American Promotional Events, Inc. v. M.T. Sales, Inc. et al

20 AMERICAN PROMOTIONAL EVENTS, INC. laedce 2:1998cv01367 05/06/1998 365 07/14/1998
Malone v. Amer Promotional, et al

21 AMERICAN PROMOTIONAL EVENTS, INC. - EAST insdce 1:2003cv00117 01/27/2003 840 03/25/2004 CELEBRATION FIREWORKS II, INC. v. AMERICAN PROMOTIONAL EVENTS, INC. - EAST et al

22 AMERICAN PROMOTIONAL EVENTS, TEXAS, L.P. txwdce 7:2006cv00082 06/26/2006 440 08/18/2006 Texas Pyrotechnic Association v. Alamo Fireworks Incorporated

VOTE YES on Measure D

November 4, 2006

Lakewood fireworks debate blazes

Local: Nonprofits say Measure D would cut into their fundraising.

http://www.presstelegram.com/news/ci_4606155

By Karen Robes, Staff writer
11/04/2006 10:51:49 PM PST

LAKEWOOD - Debate over a ballot measure to ban fireworks here has been heating up in the weeks leading up to Tuesday's election.

In an advertisement opposing the ban, a picture of four girls dressed in the pattern of the American flag accompany the headline: "Do we look like criminals?"

On the other side, one ban supporter's Web site links to graphic pictures of bloodied limbs and faces belonging to fireworks victims.

Arguably the most contentious of the three Lakewood measures on Tuesday's ballot, Measure D aims to outlaw the sale and use of all fireworks, including Safe and Sane fireworks.

Safe and Sanes, which are sanctioned by the state fire marshal and do not explode or leave the ground, are also sold as fundraisers by more than two dozen Lakewood nonprofit organizations.

For many of these groups, the thousands of dollars garnered from fireworks sales fund programs and services and provide college scholarships. For youth sports groups, it keeps registration fees low.

"The sale of these approved fireworks by nonprofit organizations in Lakewood benefits so many community activities that residents of Lakewood and other areas enjoy," Fran Itkoff wrote to the Press-Telegram. "The one unfortunate incident in Lakewood should not jeopardize all the good that is gained in Lakewood by the sale of legal fireworks."

That incident - a March 5 house explosion involving illegal fireworks on Dunrobin Avenue - rekindled the perennial issue citywide and led city officials to place Measure D on the ballot.

Currently, the city allows only nonprofit groups to sell Safe and Sanes from July 1 to July 4. Residents can only ignite them on July 4.

Ban supporters say Measure D would cut down on noise and pollution, help authorities find illegal fireworks offenders and prevent the illegal use of Safe and Sanes.

Steven H., head of Lakewood Accountability Action Group, said there are other fundraising alternatives, including company sponsorship.

"These clubs are addicted to fireworks money. They won't give it up voluntarily," he said. "If this were an argument about clubs selling cigarettes to raise money, there wouldn't be this argument."

John Kelly, vice president of TNT Fireworks, said the measure is unfair to residents who safely celebrate Independence Day with state-approved fireworks.

"It's a tradition that's been in Lakewood for decades," he said. "Los Angeles County Fire statistics support that, in the last five years, there have been no injuries or accidents as a result of Safe and Sane fireworks."

Kelly said most of the problems come from illegal fireworks purchased outside of California or explosive material mixed by amateurs.

"This action is really a spin-off of the Dunrobin event, which in my opinion had absolutely nothing to do with the product that nonprofit organizations and myself sell each Fourth of July," he said.

LAAG said the city should impose a tax for additional law enforcement if Measure D fails at the polls.

"Lakewood should turn around and say, `Look, it's not fair to the residents of this city to tax them for increased police protection because of your fireworks that you insist on selling to raise your money,"' he said. "Because I'm not going to be spending $100,000 of taxpayer money to combat this problem every year."

Karen Robes can be reached at karen.robes@presstelegram.com or (562) 499-1303.

November 2, 2006

Top Ten Reasons to Vote YES on Measure D

This list is just a summary of all the other posts on this website.

1. Safety. No matter what the fireworks companies say NO fireworks is safer than so called "safe and sane" fireworks. And don't forget about the hundreds of millions in property damage either.

2. Pollution. Noise (for pets and humans, Smoke, Run-off into the ocean (water). Perchlorates (nasty ground water pollutant being battled all over So. Cal.; used in fireworks). Given California's recent "anti-global warming" law passed this fall it is only a matter of time before fireworks are banned.

3. Crime. Brian Miller's attorney used the "war zone" atmosphere and friendly attitude in Lakewood to excuse his obsession with illegal fireworks (which could have been compiled from legal fireworks). Don't let all the 145 others cited in July 2006 for illegal fireworks use use this as an excuse!

4. The big funding scare. 27 Clubs make about $10,000 each per year. Not all that much when you figure their labor and the fireworks company's cut. The fireworks people have spent $40,000 on this campaign against Measure D and one club $250.00. So you figure out who really wants the fireworks. See the post on the truth about funding.

5. Its the right thing to do. Most cities and All counties in So. California ban fireworks. And when you look at the list of cities that allow them its clear that the more "progressive" forward thinking, high property values cities have banned them.

6. Taxes. The city spent $100,000 of all city residents money last year. Including those who don't use or sell fireworks. Why are you "funding" the crime fighting cost if you are not creating the problems? This cost will only rise year after year just like all government "programs".

7. Law Enforcement. Clearly the Sheriff's department was incapable of doing its job and catching the Dunrobin bomber. Given their ineptitude don't you want to make it easier for them to find the illegal users? Legal fireworks are good cover for illegal fireworks and in the heat of "battle" they make it harder to see and catch illegal users.

8. Patriotism. Voting is patriotic. As is flying the flag EVERY day. Serving your country in whatever manner you can. Selling Fireworks made in Chinese sweat shops is not patriotic. (of course none of the No on D fliers ever mentioned patriotism...just money) Like every other holiday it has lost its true meaning and people focus only on the material a$pects.

9.Inefficient fundraising. If each club makes $10,000 selling fireworks and close to 4,000 in real labor costs selling them, it seems that there are much better ways to raise more money from corporate benefactors and at the same time relieve 80,000 people of the "2 days of war" in the streets. (see related article on fund raising).

10. Get ahead of the curve. Do the clubs a favor and eliminate fireworks welfare now and get them on the path to healthy and environmentally friendly fund raising. Its only a matter of time before fireworks go the way of the cigarette in California.

Vote Yes on Measure D

November 1, 2006

The Facts on Funding

For the clubs supported by TNT Fireworks the issue in this election is simply funding. Not Safety. Not noise, air or water pollution.

Their argument is typical of most campaigns. If we loose fireworks that will be the end of our club. Nonsense.

Lets look at the facts:

* The City Council was ready to ban fireworks outright in March of this year after the Dunrobin explosion. But after some quick mobilization and lobbying by TNT and its "gang of clubs", the city council backed off and let the clubs sell fireworks in July 2006, but telling them to plan for loosing the election in November and to find alternative funding sources in July 2008. So what have the clubs done in that regard? Nothing. Except for letting TNT spend 40,000 to make sure "their" fireworks get sold in 2008.

* Many of these clubs belong to large national organizations like the YMCA. Even if there was no funding assistance there, surely they could seek out funding ideas from other similarly situated clubs.

* There were over 40 clubs selling fireworks in Lakewood before the group was "selectively" whittled down to 27. So what did those clubs do? What about newly formed clubs that cannot get into the fireworks "inner circle"? Did those clubs dry up and blow away? No. The found other funding and cut out overly funded projects.

* No one has ever answered the question about how clubs raise funds in other cities that don't have firework sales. And as you can see from this website, that is the majority of cities in Southern California.

* Sports at all levels is about corporate sponsorship. Look at all the stadiums and arenas that are now named after large companies. Legitimate companies want their name lent to sports with positive images, especially youth sports. Why would you want to associate youth sports with fireworks. That is almost as bad as associating them with cigarette brands! I ran a sports team of over 100 people and raised thousands of dollars year after year based simply on relationships with the members and their employers or companies that were looking for advertising possibilities.

* Clubs argue that we cannot get by on bake sales alone! No I expect not but this just shows their mentality. Think small. Without fireworks money perhaps some real clubs leaders will evolve that know how to raise funds.

* The city is restrictive on what these clubs can do with the money raised via selling fireworks in Lakewood. It can only be used to benefit Lakewood residents. Well many of these clubs have members and activities that spill over into adjoining cities. So eliminating the fireworks money would make it much easier for clubs to spend the funds without having to do a lot of paperwork and "cut out" non Lakewood kids from recieving the benefits of the "fireworks money".

* The reason the clubs (actually TNT) are fighting so hard in this campaign is because TNT has led them to believe that fireworks is the only way to raise money. Its not. But as TNT makes huge sums off the sweat of these clubs, it is not about to loose this revenue. And TNT is putting over 40,000 into this campaign to make sure it doesn't.

* Clubs are so used to this money rolling in that they have become immune to the danger, pollution and nuisance costs of the fireworks themselves. They apparently don't even want to show the fireworks on the flyers as none of the flyers show even one firework.

* The "real" cost of the fireworks is borne by the residents of the city and the taxpayers. $100,000 was spent by residents last year just so the the clubs could "raise funds". As the clubs and TNT don't appear to be interested in paying these costs (which are being incurred due to their fireworks) they (or TNT) should be taxed for the costs of the extra law enforcement.

* I hear people complain that by preventing the sale of fireworks we are trampling their "rights". Better go back and read the Bill of Rights as I don't recall a right to fireworks in there. There is also no "right" to play baseball in a new uniform. All organized sports at all levels are a privilege that we like to grant to everyone, but it is not a right. Sports are pay to play. Always have been always will be. To the extent private organizations can make it easier on those less fortunate to play, that's great but lets not trample everyone's right to a safe, quiet pollution free environment, for the "privilege" of a few.

* Of all the clubs that sell fireworks I am sure that a large percentage of those club members buy fireworks for their own use, and likely more than 100.00 worth. Wouldn't it make more sense to take the 30% that would go to the club for the sale and just donate it directly? You could also get a tax deduction if done properly. Of course TNT would loose out on its 70%. But isn't this about the clubs funding and not TNT's?

* If there are 27 clubs making $300,000 off fireworks that is just over 11,000 per club. Now if you assume 4 days of labor to sell them at 12 hrs per day by by 10 people that is close to $4,000 in labor costs assuming 8.00 per hour. So really the clubs are netting $7,000. Also this does not include overtime pay, health benefits etc. But of course all these people "volunteer" their time. Good deal for the fireworks companies I'd say. There has to be a more efficient way to get corporate sponsorship. Also for the club workers it seems a whole lot easier to write a tax deductible check.

Vote YES on Measure D

Long Beach Report endorses "YES" on Measure D

LBReport.com


Editorial

Our Ballot Views, Your Choice

(November 5, 2006) -- Statewide and citywide ballot items provide the only real democracy in this election. They're the only items that can't be Gerrymandered. Treat your choices on these measures seriously:

[snip]

Lakewood Measure D: Yes This would bring an overdue end to the sale of so-called "safe and sane" fireworks in Lakewood. That would benefit residents and taxpayers in Lakewood AND Long Beach. As we previously reported, the campaign against this measure is primarily funded by a major fireworks distributor. Lakewood civic clubs and children's baseball teams are effectively serving as props for propaganda trying to stop Measure D. The civic groups should stop whining and start doing what clubs do in other cities; raise money without selling fireworks.

Flyer from a LAAG member delivered 10/31/06

Dear Neighbor,

The OTHER residents of Lakewood would like you to know a few things before you vote on Measure D.

First of all, please excuse our crude, inexpensive flyers. The truth is, we just don’t have the big financial backing of fireworks companies as the folks who sent you those professional and colorful mailers do.

Secondly, we promise not to appeal to you with emotionally-laden ads that try to hide the truth behind pictures of innocent children.

Ask Yourself This:

• Why can’t these community groups find other sources of fundraising that don’t trample on their neighbors’ rights? Other communities have.

• What do these community groups do on the other 363 days out of the year to raise money? (And YES, there are other ways to raise money other than “bake sales and raffles.” Just ask the hundreds of other clubs who do it.)

• Why should ALL neighbors suffer for a few who insist on taking the shortcut to fundraising? Other communities fundraise without money from big fireworks companies who really only care about their own profit.

Here Are Your Rights:

1. If you would like your right to a peaceful and safe month of July in your neighborhood, then vote YES ON MEASURE D.

2. If you would like your right to protect your property and pets during the month of July, then vote YES ON MEASURE D.

3. If you would like the City of Lakewood not to spend thousands of dollars every year on the policing of fireworks, then vote YES ON MEASURE D.

4. If you are tired of community groups who take the shortcut to fundraising at the expense of their neighbors’ right to a peaceful and safe holiday, then vote YES ON MEASURE D.

October 31, 2006

Letters to the Editor, Press Telegram 11/2/06

I don't understand the opposition to Measure D. All the supporters want is a safe Lakewood that doesn't turn into a war zone for three days. Although community groups enjoy the revenue that results from this chaos, there are better methods of fund-raising, methods that don't reflect poorly on our city.

Russ Rudman

Lakewood

~~~~~~~~~~~~~~~~~~~
Citizens for a Safe Fourth of July's mailing lists 28 community groups that will be adversely impacted, including taking away senior meals and hospice for the elderly, by Measure D. Really? Wow, I never imagined us old folk would go hungry if not for having our neighborhoods blown up.

The $300,000 that the Safe Fourth group claims is annually raised is spread among 30-some groups. Assuming the figure is accurate, that's an average of just under 10 grand per group. Now I know that's a bit of change, but believe it or not, thousands of community groups across America raise that much money and lots more. And they do it without blowing up their neighborhoods.

So, save your campaign advertising money. Invest it in some hot coffee, brainstorm and come up with some original ideas and find other ways to support your groups. You can do it.

Ron Trimble

Lakewood

Fireworks fallout

Crime: Explosion left homes damaged and neighborhood changed.
By Karen Robes, Staff writer
Article Launched:10/28/2006 10:52:05 PM PDT

LAKEWOOD - Yvetth Parada Santos' 9-year-old son avoids the view from his window.

From the top of his bunk bed, he can see a crumbled, blackened structure and a singed flower bush near the front of the house next door.

"He doesn't like to look out that window, so the blinds on that window don't get open very much," his mother said. "I think it just brings back bad memories."

Seven months after Brian Miller's illegal fireworks stash destroyed the home he rented and damaged several nearby houses March 5, residents in the quiet Dunrobin Avenue neighborhood say they still feel the effects of the explosion.

"If I'm walking someplace and somebody's slammed on their breaks, I jump," said Jerry Hildebrant,who lives two doors down from Miller's former house.

Miller, who was sentenced in August to five years in prison, will appear at a hearing Monday to determine how much he will pay in damages to his neighbors. At the sentencing hearing, his attorney said Miller plans to pay full restitution.

The blast did more than jostle the neighborhood - the Los Angeles County Sheriff's Department altered the way it polices and profiles fireworks offenders.

It also spurred a citywide debate that led officials to place a measure on the Nov. 7 ballot that would ban all fireworks from Lakewood.

For many who live on Dunrobin, resentment and frustration also linger with the debris that still litters the fireworks-scorched home. Crews last week began rebuilding the house, which has been fenced off since the blast.

Shirley Knull, who has lived here since 1971, remembered when the neighborhood consisted mainly of original homeowners.

"Up until the last few years, it was really, really great," she said. "I mean, I'm not going to knock it now, but people lived here forever. It was so cool. Neighbors would turn the lights on, feed the dog, and take care of our house as if it were their own."

When Miller moved into the neighborhood four years ago, fireworks went off almost nightly, neighbors said.

"It was like bombs going off, like a canon," Knull said. "We were having fireworks problems and it was just going on and on all the time. We were calling the police."

Moving out

Residents said they complained to the Sheriff's Department and to City Hall about Miller for years but felt their calls were not taken seriously.

A Sheriff's official has said deputies answered numerous calls to the house, questioned Miller, staked out the house and dug through his trash for evidence. Miller could not be arrested despite their efforts.

Judy O'Neil recalled her neighbors' ire after the explosion.

"There was a lot of anger, because it was uncalled for," O'Neil said. "It was a relief knowing that we didn't have to contend with all that now."

One month after the blast, she and her husband moved out of their Lakewood home of 11 years. They moved to Missouri to be closer to family, but problems in the neighborhood made their decision to leave easier.

"It was in the back of our minds," she said. "We lost weight and the whole bit, 20 pounds for each of us. The stress, oh boy, I think (moving) was one of the biggest things we did in our entire life."

Blanket on fire

After the blast made their house unlivable for five months, the Santos family moved back home in mid-August. Santos estimated the damage to be more than $50,000.

The first few nights after they returned, her sons were afraid to sleep in their beds.

When they last slept there, illegal fireworks flew into their bedroom. One son was covered in glass; another's blanket was on fire.

"They literally slept on the floor with their blankets watching TV because they didn't want to go to sleep in their beds," Santos said.

With new bunk beds and carpeting, the bedroom shows no signs of an explosion. But other parts of the house are in various stages of repair. Cracks stretch across the kitchen wall and some of the windows need to be replaced.

"It's a work in progress," she said. "We're just waiting. There's still mess. The inside is mostly complete. It's the outside that we need to focus on."

`A bad year'

Next door to Santos, Hildebrant stood in the room that once served as a bedroom for him and his wife.

They no longer sleep here, he said. The room serves as the pets' room, its broken windows covered with the sports pages of the Press-Telegram.

On the morning of the explosion, fireworks shot through their bedroom windows and glass shattered onto their bed and floor. A door was blown off its hinges.

"I knew what it was," he said. "I rolled out of bed, my wife grabs the dog and ran in the closet. My wife was frightened, and I didn't think it was bad at first so I walked down to give him a piece of my mind, 'cause Sunday morning, that's enough of that stuff.

"When I started walking over there, there was more explosions. I met him at the front of his door and I says, `Are you satisfied now, Brian?"'

The couple were not harmed, but their 10-year-old mixed chow, Ginger, died soon after from a heart attack.

"That's the hard part," Hildebrant said.

In addition to $10,000 in repairs to their home, the Hildebrants will seek restitution for $4,000 in veterinary bills.

"Been a bad year for us," he said. "I've been out of work for awhile. Been bad."

Karen Robes can be reached at karen.robes@presstelegram.com or (562) 499-1303.

Sentence reduced in fireworks explosion

Lakewood man whose cache destroyed house will serve 4 years, pay $185,000.

By Karen Robes, Staff writer, Long Beach Press Telegram
Article Launched:10/30/2006 10:55:17 PM PST

NORWALK - A Superior Court judge Monday shortened the prison time of a Lakewood man whose illegal fireworks cache damaged his neighbors' homes and ordered him to pay nearly $185,000 in restitution.

Before ruling on the amount Brian Miller would owe his former neighbors on Dunrobin Avenue, Judge Cynthia Rayvis granted a request by Miller's attorney, Scott Well, to allow his client to serve two of his more than six felony counts concurrently.

Well argued and Rayvis agreed that the two counts - possession of explosive devices and possession of the materials used to make an explosive device - are one in the same and that, according to Penal Code 654, those counts cannot be served consecutively.

For Miller, who waived his right to appear before Rayvis Monday, that means serving four years instead of five. With credits for good behavior, Miller's actual time served will be a little more than two years in prison, Well said.

When Miller is released, he will start chipping away at the $185,000 he was ordered to pay for shattered windows, lost personal belongings and the destruction of the house he rented for four years. Insurance companies paid for about $147,000 of those damages.

"He intends to work and he intends to pay," Well said, adding that Miller was sorry that the incident happened.

Among those Miller owes is Doris Bolin and her daughter, Carol Schwartz, who owned the 6178 Dunrobin Avenue home Miller rented.

The two-bedroom, one-bathroom house - which had been in the family's possession since 1945 - was sold in July to a property company, which recently began work on the house.

Schwartz said the March 5 blast destroyed several irreplaceable family belongings, including antique dolls and landscape paintings her grandmother created.

Asked about Miller's shortened sentence, Schwartz said she tries not to think about it.

"We're trying to put it behind us," she said.

Karen Robes can be reached at karen.robes@presstelegram.com or (562) 499-1303.

fireworks updates...7 days to the election

Well we are down to the final wire on Measure D to ban fireworks.

For those of you that get CNN from Time Warner cable as you already know LAAG is appearing on CNN Headline News Local Edition from now thru the Election. These are 5 minute spots/interviews that appear at the end of CNN Headline news. They will air 24 hrs a day as I understand it and will rotate with the pro fireworks interview as well as the 3 spots done on the parking measures.

I am sure that you have seen the 4 flyers sent out by TNT Fireworks. We have rebutted all the statements made in those flyers elsewhere on this website. Campaign finance reports show "American Promotional Events, Inc., dba TNT Fireworks," in Fullerton, has as of Oct. 21 poured $40,000 in cash into a campaign to defeat Lakewood Measure D. The only other reported cash contribution as of Oct 21. is from the Lakewood Lions Club...for $250!! So I guess we can see who is really benefiting from the fireworks...TNT as they are the one spending the money to keep them.

Also in the news, Mr. Miller's (Dunrobin explosion) sentence was reduced from 5 to 4 years on a technicality meaning that he will likely be out in 2 years. Read the entire story here

Additionally LAAG sent in a letter to the editor of the Lakewood Community News paper November edition (which came out yesterday). The letter appears on the bottom right of page 4 and is also on this website under "Fireworks Editorials" (scroll to bottom article)

The Press Telegram also did an article (with photos) on 10/28/06 on the fallout from the Dunrobin explosion read it here and even posted a Quicktime movie of the aftermath of the explosion and interviews with neighbors.

Last but not least a story on LAAG and the anti fireworks movement appeared on Sunday in Long Beach Report here.

Make sure you get out and vote (early on on Nov 7) and vote YES on measure "D"

October 25, 2006

Do we look like criminals?

Yes unfortunately this is the eye catching headline of yet another flyer from cash spent by TNT fireworks. Of course the headline is over 4 young girls in patriotic dress with lots of flags. What a nice stock photo. Interestingly no pictures of any fireworks anywhere in any of the flyers...so does this mean the election is not about fireworks?

If LAAG had the same money that TNT does then we could send out a flyer with pictures of horrific injures caused by so called safe and sane fireworks. Fair is fair in the world of political ads right? We looked on Google and there are pictures. Click here for the photos. Caution as these are gruesome and shocking. And yes many if not most are of children.

As usual children are being used by the fireworks sellers as pawns. In reality they are the victems of fireworks sales as all the studies show that the vast majority of those injured are kids under 18 who cannot buy or sell safe and sane fireworks. What is "criminal" is the fact that children are being held up as being the ones who will be "criminals" if fireworks are outlawed. If fireworks are outlawed the parents will be the ones held responsible for their use, not their children. And they should be as it is also the parents fault when children are injured with "legal" fireworks.

Once again as adults we have to make decisions for our children. In reality, it is the adults that are acting like children in this campaign in favor of "smoke and sparks and free money".

Yes little Timmy will enjoy going to softball practice in a new uniform, but he will be handicapped by the fact that he has only one eye now or his hand was severely burned by a sparkler. Oh well at least his parents did not need to pay for the uniform. Maybe next year little Timmy can be used as a poster child in the next city to try and ban fireworks.

October 21, 2006

Rebuttal to the Rebuttal

Once again TNT fireworks is feeding bad or misleading or incomplete info to the fireworks sellers. We will rebut their arguments here using the same headings as used in the sample ballot:

The Truth on Fireworks Injuries:

Fist off all they have absolutely no documentation to back up the claim of no injuries or property damage. First of all some injuries and property damage may not have been reported. Secondly this information flies in the face of all the other statistics on this site and others. Please contact LAAG and we will provide you with what ever documentation you need concerning injuries. Also even if their statistic were true, we were all safe until 9/11 or "3/5" the date of the Miller Dunrobin explosion. Every year is a new year. You cant blindly assume noting with happen this year as nothing did last year. Statistics have a way of catching up with you.

Just a brief recap here: AMERICAN ACADEMY OF PEDIATRICS Fireworks-Related Injuries to Children

And this also flies in the face of their "statistic": "Safe and sane” fireworks caused more injuries than illegal fireworks, especially to preschool children. The term “safe and sane” fireworks is used to refer to devices such as sparklers, fountains, snakes, party poppers, and ground spinners. ....As a promotional technique, the fireworks allowed under rules of this type have been labeled “safe and sane” fireworks by their advocates. Laws based on this approach allow considerable private use of fireworks, but exclude any explosive type devices that lift off the ground that are allowed under Federal law. In 2004, sparklers, fountains, and novelties alone accounted for two-fifths (40%) of emergency-room fireworks injuries, including most injuries to pre-school children (ages 4 and under) where the type of fireworks device was specified." John R. Hall, Jr. Fire Analysis & Research Division, National Fire Protection Association, June 2006

The Truth on Pollution:

So the sulfur smelling haze than lingers in the air for hours and smells so go is not polluting? Does TNT fireworks have testing to prove that? Ill bet not. And fireworks contain no perchlorates? Thats odd. I wonder why this letter was sent to TNT fireworks regarding perchlorates? I guess we will have to follow up on this later. Any rational person knows that fireworks pollute. Don't let the money blind you as it has the fireworks sellers.

The truth on Noise:

How silly. Wanting to ban emergency vehicle sirens. Are the fireworks peddlers so addicted to money that they compare life saving emergency vehicles to things that blow off smoke and fire? Oh Please. Also there are regulations on vehicle noises, such as sirens and horns (trains busses, cars etc.). Obviously smart people make exceptions for "necessary" noises. And I have not seen a rash of pet "escapes" due to fire trucks lately. But on the 4th of July just ask the humane society how pets just "love" fireworks and how they run away to escape them. Again this is not the entire issue. Just one of many nuisance and safety issues stacked up against TNT Fireworks spending/lobbying power.

The truth on Fundraising:

Oh yes the sky is falling. One thing not mentioned is what happened to all the other Lakewood groups that lost out on the right to sell fireworks when then groups were paired from about 40 to the current 26? Did they wither away? No. They found other means to raise the funds. What do all the other clubs so in all the other cities in California where fireworks cannot be sold? Have Lakewood clubs asked? Many of these clubs also are part of larger national organizations (such as the YMCA) that can either assist with funding or give clubs guidance on seeking funding. I am not proposing bake sales and car washes. That type of a statement shows just how uninspired and unimaginative the fireworks sellers are. They are going to have to get a little more innovative than relying upon contraband for revenue. I ran a sports team with over 100 members (also its a niche sport). It raises money for uniforms, team trips, etc. They don't sell fireworks and never have. The team just raised close to $10,000 cash (not including merchandise) this year from a local merchant just based upon one meeting. You know we have lots of real estate agents in this city call doing very well. Why don't their national companies pony up some marketing money for a team? We have entire stadiums now built with private money and named after the company (i.e. 3com park).

I am not saying its easy. Sure fireworks money is easy. So is selling drugs and they are really profitable. But the fireworks sellers have got to wean themselves off this hazardous product. The got a one year reprive from the city council. What have they done in this last year to look for other funding. Likely nothing.

The truth on Fireworks:

Again no sources cited. The bold statement that 270 California "communities" allow groups to "sell" fireworks is a bit vague. There are 478 incorporated cities in California, 58 counties and three counties with no incorporated cities. So if we assume that 270 is a correct number (which I doubt) then 56% of the cities allow fireworks use or sale (it is not clear if the word community means "city"). Typically if a county bans fireworks they are banned in call areas of the county except for incorporated cities that allow them. Lets look at some figures in Southern California:

Los Angeles County fireworks are banned
In 38 cities they are allowed
In 48 cities they are banned

In Orange County fireworks are banned
In 5 cities they are allowed
In 17 cities they are banned

In Ventura County fireworks are banned
In 1 city they are allowed
In 24 cities they are banned

In San Diego County fireworks are banned
There are 18 cities in the county. Unknown what percentage ban fireworks.

In Riverside County fireworks are banned
In 4 cities they are allowed
In 13 cities they are banned

In San Bernardino County fireworks are banned
Out of 31 cities they are only allowed in 2-3 cities.

Vote YES on Measure "D" to ban fireworks in Lakewood

"Safe and Sane" is "safe"...until recalled

These are safety related recalls by TNT Fireworks (aka "American Promotional Events Inc.") in the last four years as posted on the Consumer Product Safety Commission website at www.cpsc.gov

There are no injuries listed below because at the time these press releases are created no injuries were reported to the CPSC. There may have been injuries after this release date, or injuries that were not reported as the injured parties were not aware of the recall.

June 22, 2005
Release #05-206

CPSC, American Promotional Events Inc. Announce Recall of Fireworks

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Bat Out of Hell and Powder House fireworks

Units: About 9,000 units

Importer: American Promotional Events Inc., of Florence, Ala.

Hazard: These fireworks devices could unexpectedly tip over during use, posing a serious injury hazard to consumers.

Incidents/Injuries: None.

Description: The recall involves Bat Out of Hell fireworks with model number CP1129 and Powder House fireworks with model number CP1130. The model number is printed on all four sides of the device above the warning label. These are 1.4g consumer fireworks devices that consist of 16 multiple shots in the shape of a square cube. The name of the product is printed on the packaging, along with the word “TNT.”

Sold At: Fireworks retailers, including display stands and tents in states permitting the sale of consumer fireworks, from May 2005 through June 2005 for about $20.

Manufactured in: China

Remedy: Return the recalled fireworks to the store where purchased for a full refund or contact American Promotional Events for instructions.

Consumer Contact: American Promotional Events at (800) 243-1189 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit the firm’s Web site at www.TNTFireworks.com

Firm’s Media Contact: Dennis Revell, (916) 443-3816

view recall notice


~~~~~~~~~~
June 25, 2004
Release # 04-170

CPSC, American Promotional Events Inc. Announce Recall of Fireworks

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission announces the following recall in voluntary cooperation with the firm below. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of product: “T6” Titanium 6 Break Artillery Shell Fireworks

Units: About 11,700 units

Importer: American Promotional Events Inc., of Florence, Ala.

Hazard: These fireworks could have a defective fuse that can fail to ignite the device. Consumers who attempt to re-light the fuse could suffer serious injury. CPSC advises consumers never to re-light any fireworks that do not ignite after the first attempt.

Incidents/Injuries: There has been one report of a fuse failure from a consumer. No injuries were reported. Subsequent testing by the firm confirms that an unknown number of these shells could have defective ignition fuses.

Description: These are “T6” Titanium 6 Break Artillery Shell fireworks with model number “CP1104.” The model number is on the launch tube and packaging. It is a 1.4g consumer fireworks device that consists of a colorful plastic launch tube and six break display shells in a display box. “T6” “Six Break Artillery Shell” and “TNT” are written on the front of the display box, and “Titanium 6 Break” is on the back of the display box. Only model number CP1104 artillery shell fireworks are included in this recall.

Sold at: Fireworks retailers, including display stands and tents in those states permitting the sale of consumer fireworks, from May 2004 through June 2004 for about $40.

Manufactured in: China

Remedy: Return the entire fireworks device to the store where purchased for a full refund or contact American Promotional Events for further instructions.

Consumer Contact: American Promotional Events, Inc, at (800) 243-1189 between 8 a.m. and 5 p.m. CT Monday through Friday, or visit the firm’s Web site at www.TNTFireworks.com
view recall notice

~~~~~~~~~~~
July 2, 2003
Release # 03-157

CPSC, American Promotional Events Inc. Announce Recall of Fireworks

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission announces the following recall in voluntary cooperation with the firm below. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of product: "TNT" Reloadable Tube Fireworks

Units: About 22,700

Importer: American Promotional Events Inc., of Florence, Ala.

Hazard: The firework device has a defective base and can break during launch. If reused, the launching device could then send fireworks in unintended directions, possible causing injury.

Incidents/Injuries: There have been two reports of the base of these fireworks devices breaking. No injuries were reported.

Description: The firework device consists of a black base with a multicolored PVC material tube having approximate dimensions of 11 inches high by 1.25 inches in diameter. Each product is sold with six shells with fuses. The product is labeled "Model No. CP983," "Item No 460070," "TNT," and "#1 SELLING BRAND."

Sold at: Firework display stands and tents and retail operations in those states where the sale of consumer fireworks is legal. They were sold from June 2003 through July 2003 for about $35.

Manufactured in: China

Remedy: Return the entire firework device to the retailer for a refund or contact TNT for further directions.

Consumer Contact: American Promotional Events Inc., (TNT) at (800) 243-1189 between 8 a.m. and 4:30 p.m. CT Monday through Friday.

view recall notice

The "TNT campaign" flyers

As expected the TNT fireworks company is pulling out all the stops. Sor far FOUR color flyers mailed to thousands of homes in Lakewood. Campaign finance reports show "American Promotional Events, Inc., dba TNT Fireworks," in Fullerton, has as of Oct. 21 poured $40,000 in cash into a campaign to defeat Lakewood Measure D. The only other reported cash contribution as of Oct 21. is from the Lakewood Lions Club...for $250!! So I guess we can see who is really benefiting from the fireworks...TNT as they are the one spending the money to keep them.

That's a drop in the bucket given the size of TNT. The TNT flyer notes that "major funding" (like 99.9%!) for the flyers was provided by TNT Fireworks. The flyers lead you to believe that TNT is in Lakewood by using some residence address when the company is based in Alabama with a warehouse in Fullerton. [According to its website: "TNT® Fireworks is the largest distributor of 1.4G Class C Common Fireworks in the U.S....In 2004, TNT® partnered with Millennium Pyrotechnics, the UK’s largest privately owned importer and supplier of retail and display fireworks.]

The TNT flyers headlines mentions that clubs will miss out on $300,000 fireworks funding. Hmmm No mention of the likely $700,000 per year that TNT might loose. Do you think that is why TNT spent its money on the flyers? Oh and how many employees of TNT work in Lakewood? How many employees could TNT have in California when Chinese companies make the fireworks and clubs distribute and sell them for no wages? I guess those facts were not "relevant" to put in the flyer. (No one makes the fireworks here in the USA as that would cut into TNT's profit margin. Also no one in California would want to live near a fireworks factory (safe and sane or otherwise) as it would be too dangerous. That would be as popular as lining next to a prison or oil refinery.)

Quote from the TNT flyer: "The laws were enforced last 4th of July and there were no problems" Did TNT or any of the clubs offer to pay for part of this extra $100,000 police protection cost? NO. Did they assist with enforcement? NO. No problems? The problems were less than 2005 but by no means were there "no problems" Over 125 citations were issued in July 2006 (no word yet on the number of convictions from the $100,000 spent on law enforcement and the anti-fireworks abuse campaign)

The TNT flyers list 27 community groups but very cleverly does not mention that they all endorsed the flyer or the No on D measure. I suppose LAAG could send out a flyer with thousands of pets names on it saying they all support the YES on D Measure due to the fact that pets don't like fireworks (good thing for TNT that pets can't vote).

Quote from the TNT flyer: "Measure D won't prevent another Dunrobin [explosion]" Maybe, maybe not. Who knows. One thing is for sure: the less fireworks around the less likely that FIRES or explosions will happen. Would preventing one house fire (costing $600,000) be worth banning fireworks? Also there were other fires and explosions in Lakewood before Dunrobin where fireworks allegedly played a role. They just were not well publicized as they were smaller fires/explosions.

Another point. At the cross examination of the Sheriff's bomb squad detective in the Miller Dunrobin trial he was asked if it was possible that Miller was using powder and other components from safe and sane fireworks to create larger illegal fireworks. He said it was possible. But as much of the material was burned in the explosion it was had to know. Also Miller's attorney tried to use the legal fireworks use in the city as well as the lax attitude towards the "free for all" activity going on July 4th in Lakewood as justification for Miller's illegal use. Thats right. "Safe and Sane" fireworks being used as an excuse for illegal use. This tactic will likely be used in the hundreds of illegal fireworks prosecutions we have coming up. Once again "safe and sane" fireworks creating an atmosphere friendly to scofflaws. So when you hear "Measure D won't prevent another Dunrobin [explosion]", think again.

Finally as was argued in the Buena Park fireworks referendum in 2004, the issue really is not funding for the clubs but funding for the fireworks companies. The clubs just don't want to bother look for another source as they have been lead to believe (by TNT) that fireworks are the only, or at least an easy source, of quick cash, regardless of the price paid for their use by society as a whole. There is lots of discussion about team uniforms and other sports related subsidies that would be hurt by loosing fireworks. Of course none of this is detailed in any fashion. What percentage of the families with these young children allegedly benefiting from this subsidy actually are spending $100-300 per year on the very fireworks that the clubs are selling? Wouldn't it be simpler to cut TNT's huge profit motive out of the equation and take that money spend on smoke and sparks and donate it to the club and get a tax deduction on top of it? Don't you think that is what other cities do where there are no fireworks (the vast majority of cities in California) along with other corporate sponsorship grants? Think about it. You spend $100.00 on fireworks about 30% or so of that gets to the club. The rest goes to TNT. With a donation 100% goes to the club so you need 60-70% less money with TNT out of the equation. And no one has to work a booth selling fireworks!

The more you think about Measure D the more you realize a "YES" vote is the common sense way to go...

Buena Park Ballot statements in 2004 fireworks referendum

Does this sound Familiar? Same people same tactics...its all about money not safety.

ARGUMENT IN FAVOR OF MEASURE D (from Buena Park Ballot statements in 2004 fireworks referendum)

Buena Park is one of five remaining cities in Orange County that permits the sale and discharge of fireworks. The other 28 cities banned fireworks to protect the safety and property of their citizens. Because of the ban in surrounding cities, Buena Park’s population swells to over 250,000 each Independence Day. Crowds block streets, take over parks and overrun neighborhoods as they set off legal AND illegal fireworks. Unfortunately, discharging “state approved fireworks” masks illegal fireworks, making law enforcement nearly impossible. The resulting chaos and mess are overwhelming. Buena Park endures each Independence Day one spark away from disaster. Calls to your Police and Fire Departments skyrocketed 400% in the last three years. The alarming truth is no Police Department can protect its citizens from a quarter-million people “legally” discharging dangerous explosives. For six hours each year, Buena Park becomes “a war zone!” The vast majority of California cities prohibit fireworks, calling them “a serious hazard to health, welfare and safety of citizens.” Anaheim outlawed fireworks in 1987 after fireworks burned down an apartment complex, leaving over 200 people homeless. Citizens of Cerritos demanded fireworks be outlawed in 1989 after a home burned to the ground. On July 4, 2002, a nine-year-old boy in Buena Park was killed in front of his family and hundreds of people as fireworks masked the gunshot that ended his life. Today, we have the opportunity to act before another tragedy devastates our community. Fireworks manufacturers claim banning fireworks is unpatriotic. Are cities like Anaheim, Cypress, and Brea less patriotic than Buena Park? The manufacturers’ real issue is losing over $1,000,000 from fireworks sales. Nonprofit groups contend that losing fireworks revenues would be devastating, yet these and similar groups thrive in surrounding cities like La Palma, Fullerton, and Fountain Valley without money from fireworks. The true issue is safety in our community.

s/ Arthur C. Brown, Councilman City of Buena Park
s/ Donald W. McCay, Councilman City of Buena Park
s/ Gary Hicken, Chief of Police Buena Park Police Department
s/ Charles W. Prather Jr, Fire Chief Orange County Fire Authority

REBUTTAL TO ARGUMENT AGAINST MEASURE D Claiming 6,800 people “rallied” to keep fireworks IS NOT TRUE. The petition asked that the ordinance “...be submitted to a vote of the people ...” Measure D is responding to that request. Firework manufacturers claim they paid the cost of Police services last Independence Day. THIS IS NOT TRUE. The 100 Officers needed to keep you safe cost our local taxpayers over $50,000. Next year will cost more! Fireworks manufacturers want you to believe cities that already ban fireworks have the same problems as Buena Park. THIS IS NOT TRUE! Anaheim PD did not put on one extra Police Officer last year. While 20 Officers patrolled Anaheim, a city 5 times the size of Buena Park, 100 Police Officers and added Fire Department personnel were not enough in Buena Park. Fireworks manufacturers repeatedly say Measure D will take away funding from local nonprofit groups and is therefore unpatriotic. THIS IS NOT TRUE. Nonprofit groups thrive in our surrounding communities without fireworks money. The loss of fireworks money has nothing to do with patriotism. Advocates say they will be giving up the traditional way to celebrate Independence Day. This is a false issue. Shooting fireworks in the street makes no one patriotic and is no less a tradition than attending a community fireworks display with your family, such as the one your City sponsors each year at Bellis Park. The real issue is safety. Your vote should be based on providing a safe Buena Park. Vote YES on Measure D to ban fireworks in Buena Park.

s/ Arthur C. Brown, Councilman, City of Buena Park
s/ Donald W. McCay, Councilman, City of Buena Park
s/ Gary Hicken, Chief of Police, Buena Park Police Department
s/ Charles W. Prather Jr, Fire Chief, Orange County Fire Authority

October 19, 2006

Press Telegram Endorses YES on Measure "D" to ban Fireworks

Yes on Measure D
Lakewood fireworks ban would improve quality of life.

Article Launched:10/18/2006
Long Beach Press Telegram

A Nov. 7 ballot measure that would ban the sale and use of all fireworks in Lakewood would make the city safer, quieter and more enjoyable on the Fourth of July. For those reasons, and a couple more we'll explain in a moment, we are urging residents to vote Yes on Measure D.

The decision to endorse the ban was not arrived at easily, and we are sympathetic to the youth sports teams and other non-profits that rely on the sale of "safe and sane" fireworks for funding. The majority of residents handle fireworks properly, and they will pay the price.

But this is a public safety issue, and as an accident last year illustrated, the city needs to put safety first.

There are enough scofflaws in Lakewood to make Fourth of July unpleasant in many neighborhoods. Certain streets turn into virtual war zones, where residents mix safe and sane displays with the illegal stuff from Mexico and Nevada. Inside the smoke that gathers on the streets are children, the occasional moving car, people drinking alcohol, dogs, music and other distractions.

And the smoke and crowds make it hard for sheriff's deputies to tell who is breaking the law and who isn't. And then the deputies get criticized - sometimes by us - for
not stamping out the illegal fireworks or citing enough people. That's not entirely fair since conditions, and the community's generally lax attitude about fireworks, make it hard for deputies to do their jobs. They can't always see down dark and smoky streets.

An outright ban would simplify things. It would encourage residents to attend public fireworks displays, which always trump amateur hours anyway, and keep residential tracts more peaceful over a holiday that drives away many residents who don't want to deal with the noise.

This was all brought to, um, light in March 2005, when Lakewood resident Brian Miller accidentally blew up his illegal fireworks stash - and part of his rental house on Dunrobin Avenue - when he went for his morning smoke. That mistake, which netted Miller a felony conviction and a five-year prison sentence, was a wake-up call we think the city should heed.

Neighbors had complained about Miller's cache of illegal fireworks for years, but sheriff's investigators said they couldn't catch him in the act.

But the real problem is the live-and-let-live ethos of Lakewood. People there are good at tending to their own gardens, maybe too good. They look the other way sometimes when the Millers of their community push the limits.

But public safety is everyone's business, and Lakewood needs to stick its collective nose in places it normally wouldn't.

Measure D would make that easier, since residents could report every fireworks incident with confidence and before they go back to minding their business.

October 17, 2006

What does "Safe and Sane" mean?

Safe and Sane was likely a term proposed by fireworks companies to the State legislature in 1974 when the term was first used in the California Law. It does not mean that fireworks are "safe". It just means they are not banned as "dangerous" fireworks. The law is reprinted below.

Safe and Sane fireworks can injure people even if used correctly, as they can malfunction.

Safe and Sane does not mean safe for pets, minors, or the environment.

Safe and sane fireworks can be dangerous if not used by competent (non intoxicated) adults (over 18)

Safe and Sane fireworks are easily modified (such as removing parts) to become dangerous.

Safe and Sane fireworks can be used improperly (thrown in the air) to become dangerous.

Safe and Sane fireworks can be used to create dangerous fireworks or explosive devices.

Storage of Safe and Sane fireworks can create a fire hazard, especially when combined with other items in a garage

CALIFORNIA HEALTH AND SAFETY CODE SECTION 12500-12534

12500. This part shall be known and may be cited as the State Fireworks Law.

12505. "Dangerous fireworks" includes all of the following: (a) Any fireworks which contain any of the following:[list of chemicals omitted] (b) Firecrackers. (c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman candles, including all devices which discharge balls of fire into the air. (e) Chasers, including all devices which dart or travel about the surface of the ground during discharge. (f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches. (h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part. (i) Torpedoes of all kinds which explode on impact. (j) Fireworks kits. (k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

12508. "Exempt fireworks" means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.

12529. "Safe and sane fireworks" means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks."

Are Fireworks headed down the same path as Cigarettes?

I have often said, half joking, that Lakewood civic clubs could raise money by selling cigarettes. I get looks like I just said they should sell crack cocaine for team uniforms. But before you laugh, think about how selling fireworks really is not much different than selling cigarettes.


Both cigarettes and fireworks are costly and lucrative for sellers due to their “contraband” like appeal. Both cigarettes and fireworks must be sold by adults to adults and the sales are regulated by federal state and local laws. But does that make either safer for the user or bystanders? No.


Look at the marketing campaigns of cigarettes and fireworks. When you think of cigarettes what do you think of first? Car racing sponsorship and other selected athletic endeavors. The tobacco companies pour millions into NASCAR. And everyone loves NASCAR right? So how could that tobacco money be a bad thing? When you tell Nascar fans of smoking bans how do you think they feel? How will they ever replace tobacco funding? Yes tobacco is bad they say but we are addicted to the money.

Sound familiar? It should as it is the same approach being used by the fireworks companies. They have convinced all the civic clubs that they will never be able to replace fireworks as a fund raising device. And out of either laziness or lack for ingenuity the clubs have bought into this argument and are now doing the firework companies bidding. The entire argument that the clubs have put forth in this election is the money and safety takes a back seat. The fireworks safety is addressed elsewhere on this site. As far as the money is concerned, most of it is going to the fireworks distributor, who has very low overhead. They have them manufactured for pennies on the dollar in China and the entire distribution network is the local clubs. No employees. No pensions. No health benefits. No unions. No minimum wage.

Over the past 20 years a long campaign has been waged against tobacco use and the tobacco companies for misleading consumers that cigarettes were safe. Over the years this campaign has paid off. Smoking and its related costs have been reduced. Non smokers are especially happy in California as smoking has been eliminated in almost all areas. People under 30 cannot even imagine having to sit near smokers all day in an office anymore. California has led the way on these bans and now the rest of the country and the world is following.

Just like with cigarettes, California needs to lead the way on banning fireworks as well, one city at a time. The vast majority of California cities and counties ban the use of all fireworks.

In addition to banning cigarettes (or all fireworks) outright, California and other states over the past few years have dramatically increased the taxes on cigarettes and has used this money for educational campaigns and to subsidize health costs. Proposition 86 also on the ballot this November seeks to increase those taxes even more, up to $2.50 a pack to fund healthcare. Why not do the same for fireworks? I see no effort by the fireworks companies or the clubs benefiting from a portion of the sales offering to assist the non firework using taxpayers with the increased cost of law enforcement on July 4th the or the cost of fires, injuries, pollution and educational efforts.

So the choice is clear. Either ban fireworks or make them pay their fair share trough city taxes and fees. No more free lunch for fireworks peddlers. Cigarettes pay their share of their burden. Time for fireworks to do the same.

Vote YES on Measure “D”

Seeing through the smoke: How safe are “safe and sane” fireworks?

One thing that the Safe and Sane fireworks industry likes to tout is its safety record.

Using statistics from the Consumer Product safety Commission, the National Research Council, the National Fire Protection Association and the American Pyrotechnics Association (“APA” the lobbying group for the fireworks distributors):

In 1997 there were almost 660,000 fires in the US. (this does not appear to include forest fires). Of the total fires, the industry claims that only .1% were caused by fireworks whereas 3.3% of the total dollars lost were from fires caused by cigarettes. As for total fires caused it was .3% for fireworks and 3.4% for cigarettes. This may mean that the cigarette fires may have been to more expensive property. But the main point that the APA does not point out is a very obvious one: Fireworks are overwhelmingly used only for a few days during July 4. Cigarettes on the other hand are used 365 days a year by many more people than fireworks. What would the figure be if all smokers used fireworks all year? Likely much higher than cigarette caused fires just due to the fact that fireworks burn hotter and spray sparks unlike cigarettes, which are quite tame by comparison. The dollar total for just fire damage in 1997 from fireworks was nearly 5.5 million dollars (over 2,500 fires).

Now we move on to safety and personal injuries. Ask any fireman, doctor or policeman (whose clubs are not making money selling fireworks ) if they feel they are safer than not using any fireworks the answer will be no. Most agree that they should be banned just due to the sheer nuisance calls they generate.

The comparison to smoking continues on personal injuries. (see our related article on the similarities of smoking and fireworks). From 1994 through 2004 fireworks injuries have stayed from 12,500 to 9,600 per year. Eight people died in 2004 from fireworks injuries. Of the injuries, about three times as many males were injured as females. Children under 15 accounted for 40% of all the estimated fireworks-related injuries and 10% of the injuries involved sparklers, surely seen as the tamest form of safe and sane fireworks. Using APA figures again there were 11,000 injuries due to fireworks in 2000 and 14,700 due to cigarettes AND lighters. Once again as with property damage figures the fireworks manufactures fail to point out that all the fireworks injuries are occurring in the space of a few days as opposed to all year long for other consumer products. Also there are a lot more people using cigarettes than fireworks. So it might be fair to compare Christmas Tree fires/injuries with Fireworks fires. But those figures are not supplied by the APA.

On commercial aircraft you used to be able to smoke. It was banned due to health reasons, but is still allowed in some countries. Also you can still take matches and cigarettes on aircraft. Not so with safe and sane fireworks either before or after 9/11 in either carry on or checked baggage. In fact after 9/11 you can still check loaded firearms!

What about schools? They promote the sale and use of fireworks yet do not allow students to carry them on campus at all. Why? They are not safe.

Also we are ignoring pet safety. If fireworks make pets run away from home into the streets are they still pet safe? And what about air pollution? Do fireworks get a free pass on air pollution? Have you seen the haze and smelled the sulfur in the air on the 4th? Where do you think all that pollution goes? How many trips to work does all the pollution equal? What about the run off of the spent fireworks residue people wash into the gutter and then into the local oceans? Fireworks contain deadly perchlorates that are already banned and being looked at even closer due to groundwater contamination.

So are safe and sane fireworks safe? Well that depends on what you compare them to and whose safety your are looking at. Yes they are “safer” than illegal fireworks but it also depends on how legal fireworks are used. Many are used by children without adult supervision. Many are used by people that are intoxicated. Many are thrown or modified in some way so as to drastically increase their danger. Safe and Sane fireworks are not safer than a total ban on fireworks. The title “safe and sane” was likely coined by a fireworks lobbyist and slipped into the law in California. The term generally means fireworks that do not shoot up into the air or explode. That still leaves a lot of room for injury.

Vote YES on Measure "D"