My Turn

Saturday, February 20, 1999


Don’t ban fireworks,
just enforce current law

Holiday fireworks use is a precious island
tradition threatened by inconsiderate people who
flagrantly disregard the law -- so bust 'em

Fireworks poll results

By Blaine Fergerstrom

Tapa

There has been the annual hue and cry for a fireworks ban from the newspapers and the familiar group of vocal opponents. And, as usual, the average Joe is left out of the discussion. I thought I'd speak today for "Joe."

There is a ban on aerial fireworks already in place. But those charged with enforcing that law have stated that the law is unenforceable. They have asked for an outright ban instead.

Excuse me, but since when can the HPD pick and choose which laws to enforce? Its claim of unenforceability could also be applied to other laws.

Why spend all that time busting people who easily procure and use illegal materials from any number of sources? How about the photocopied parlay sheets that permeate many of our places of work and play? What about pakalolo?

Fireworks Aerial fireworks are procured through a well-organized underground network, much like the pakalolo and gambling networks. A well-placed bust of an aerial fireworks distributor should be easier to orchestrate than a pot bust.

Simply have the cops fill out a photocopied order form, then bust the sellers when they deliver. Order forms are available everywhere and are easier to come by than parlay sheets. They wouldn't even need a helicopter!

People would be less inclined to buy or sell aerial fireworks, or to use them so openly, if they thought there were some penalty for their behavior. Right now, they know the police department is just looking the other way. There is no penalty unless you get ridiculously stupid.

The same goes for fireworks users who use them during non-designated times. This is an illegal activity without participation from the vast majority of citizens, yet the police claim unenforceability.

Thus, is the answer to ban their use for all the citizens who use them legally? I wish someone would make my job easier.

The Chinese mark the lunar new year by walking outside the front door of their home, at their first waking in the new year, to burn a string of firecrackers. This is to dispel bad spirits and bring good luck. This is not what is happening in Hawaii.

"Cultural," as used in anti-fireworks letters and articles, often refers mistakenly to Chinese or Asians as a race and some nondescript religious purpose. But the tradition of setting off fireworks at the beginning of the new year is a component of Hawaii culture unrelated to the ethnicity or religion of the participant.

I am one-quarter Chinese, but the Portuguese, Hawaiian, English and Swedish parts of me all like fireworks, too! I am a "local," for lack of a better description.

The burning of fireworks at the new year is a local tradition. It may have its roots in Chinese tradition, but has grown to its own prominence in local culture.

You could ban personal use on Independence Day. Locals would be more inclined to go watch a commercial show on the Fourth of July anyway, but not so as the year turns.

Oh, yes. The Chinese banned fireworks in their cities, and they also banned public speaking in Tiananmen Square.

This past New Year's has been proclaimed by many as "the worst ever" in terms of fireworks usage, smoke and damage. This is not entirely true. A check of police logs and newspaper accounts will find that, in years past, there were far more injuries, house and brush fires, and property damage than this past year.

The smoke may have been worse, exacerbated by lack of tradewinds. But it was also largely smoky because of the huge quantities of cheap fireworks on sale just prior to the holiday.

The week before Jan. 1, I bought a 5,000 roll of firecrackers for $1.99. Yes, under two bucks. No wonder there was so much smoke! I used to pay $8 to $12 for the same thing! I could only afford to buy one or two of them back then.

Happy fireworks users were filling shopping carts with those $1.99 packages. The problem was oversupply and cheap availability.

To take control of the problem, we must:

Bullet Limit the amount of fireworks. Tax them to make sure their retail price level is high enough to deter large-scale backyard fireworks shows, but not so much that the average citizen can't afford one or two 5,000 rolls.

Bullet Make fireworks selling a more serious proposition by raising the price of a seller's permit. This would reduce the number of people selling fireworks out of the backs of station wagons. It also would limit the number of people willing to risk losing their permits by selling illegally.

Bullet Take the money generated from the taxes and fees and put it into an insurance fund to help cover property damage from fireworks.

Bullet Raise the fines for illegal fireworks use, then prosecute illegal users. Illegal use will then fade into the background, where it belongs.

Don't criminalize those who live under the law. Prosecute those who refuse to live within its limits.

Don't take away a cherished Hawaii tradition. Go outside next New Year's and, for once, say hello to your neighbors!


Blaine Fergerstrom is the Star-Bulletin's webmaster.




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