Omaha may end fireworks ban

By this time next year, Omahans may be able to purchase fireworks within the city's limits, according to a city official.

There has been movement in city government to bring Omaha's fireworks laws on par with state regulations, said Ron Gerard, a spokesman for Mayor Jim Suttle.

State law permits consumer fireworks to be sold between June 25 and July 4, with restrictions. The state regulates the types of fireworks that can be sold — they can't be hot or in flames when they hit the ground.

In Omaha, all fireworks sales are prohibited. Omahans go to neighboring communities such as Papillion, Bellevue, Ralston and La Vista to purchase fireworks — or to Missouri to get the types that aren't legal in Nebraska.

In the face of a tough economy and a city budget crisis, Omaha officials are considering allowing fireworks sales.

“If we could keep dollars here, why not?” Gerard said.

He said permitting fireworks sales also could help local nonprofits, who often sell fireworks as a fundraiser but are forced to go outside Omaha to do so.

Omaha's laws could become on par with the state's or be more restrictive, such as only allowing sales on July 4, Gerard said.

In addition to the talk about changing Omaha laws, at least one group would like to see state regulations changed as well.

The Platte Institute, a think tank that promotes limited government and individual rights, says Nebraska's strict laws don't make the state safer than Missouri, the closest state with less-stringent rules. And, the group says, the current laws hurt Nebraska's economy.

Missouri permits the sale of all fireworks approved by the Consumer Product Safety Commission. Fireworks sold in Missouri that aren't available in Nebraska include bottle rockets, 500-gram aerial shells and some types of Roman candles and parachutes.

Nebraska's rule concerning flaming fireworks is necessary because the safety commission does not test every product approved for sale, said State Fire Marshal John Falgione.

Platte Institute editor Berk Brown said his group examined whether improved safety justified the sales tax revenue the state loses when Nebraskans purchase fireworks elsewhere.

Citing safety commission statistics, the institute's report says fireworks-related injuries in Nebraska rose to 147 in 2006, up from 61 in 1991, despite a declining trend nationally. In 2008, 140 fireworks-related injuries occurred in the state.

Nebraska reported one injury for every 11,564 residents, the report says, while Missouri had one injury for every 14,609 residents in 2006.

Such figures were easy to find because agencies keep track of fireworks accidents. But those numbers don't include unreported injuries, so actual figures could be higher, Falgione said.

Gerard said an extensive public safety campaign would accompany any change in Omaha's fireworks laws.

A local safety educator said she thought such an effort would be crucial.

“We would be providing a lot more safety tips and education,” said Kay Farrell, president and CEO of the National Safety Council's Greater Omaha chapter. She said the organization would use neighborhood associations, the media and other venues to raise awareness about fireworks safety.

Meanwhile, Brown said hard numbers on how many fireworks Nebraskans purchase in other states or how much revenue the state might be losing don't exist.

However, the institute's nonscientific study indicated that the number of public fireworks displays and licensed fireworks stands in the state has declined over the past five years, even as fireworks consumption has increased in the United States.

That led the institute to conclude that Nebraskans are buying fireworks elsewhere, and that has to be hurting the state's bottom line, Brown said.

In a check for this story, fireworks sellers in Rock Port, Mo., estimated that 30 percent to 90 percent of their customers were from out-of-state, notably Nebraska and Iowa. Out-of-state customers generally don't spend more than in-state buyers and often buy items that are also legal in Nebraska.

It is illegal for anyone except licensed distributors and jobbers to bring fireworks from another state into Nebraska.

But that doesn't stop blast enthusiasts. The Nebraska State Patrol set up vehicle checkpoints on the Nebraska-Missouri border Wednesday afternoon. Three citations were issued near Auburn, a patrol spokeswoman said.

Missouri fireworks sellers say business wouldn't suffer if Nebraska eased its laws.

Several managers said their reputation would keep customers coming. One said his wholesale business would benefit from such a move.

“We could sell even more into Nebraska,” said Jack Mayer, vice president at Hale Fireworks at Rock Port.

Don Bellino, owner of Bellino Fireworks in Papillion, said he loses some business to Missouri, but it doesn't have a big impact on his bottom line.

Nighttime aerial effects fireworks, such as artillery shells, are the top sellers and have become more popular in recent years, he said. For the most part, those varieties are available in Nebraska and Missouri.

In the past few years, the state fire marshal has approved double- and triple-break artillery shells for sale, which Falgione said has brought in additional sales tax revenues.

Brown said the injury statistics show that the state should approve even more items.

“I've always been under the impression that this excess regulation was to protect citizens,” he said. “Nebraskans aren't safer as a result of the regulations.”

Contact the writer:

444-3152, emily.babay@owh.com

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