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Monday, June 30, 1997

Judge voids ban on aerial fireworks in Galveston County

GALVESTON, Texas (AP) - The skies over Galveston County will glitter a little more brightly this July Fourth thanks to a judge's ruling against a ban on aerial fireworks.

State District Judge Norma Venso ruled Friday that Galveston County commissioners overstepped their regulatory powers by imposing a ban on the use of aerial fireworks when drought conditions do not prevail in the county.

Commissioners adopted the ban June 12, three days before the deadline for enacting a ban that would cover the Independence Day holiday. The ban was scheduled to last from June 15 through July 5.

But after fireworks wholesalers sought a restraining order in her court, the judge barred the county from enforcing the ban.

Commissioners wanted to prevent use of aerial fireworks, particularly on the Bolivar Peninsula, where volunteer firefighters have been overwhelmed by reports of grass fires during Independence Day celebrations. Beachfront homeowners also have complained that the fireworks threaten their homes.

Counties are allowed by state law to regulate fireworks only under severe drought conditions.

The commissioners had maintained that some parts of the county have not received as much rain as others and the ban was justified by low rainfall.

Had it remained in force, the ban would not have prohibited sale or possession of aerial fireworks - just their use. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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