Fed-up residents versus cold, hard cash

Revenue stands in way of fireworks ban

HARRISBURG — In July 1939, Pennsylvania Gov. Arthur James declared victory in the war on fireworks.

Just months earlier, he had signed a law that effectively banned ordinary Pennsylvanians from purchasing or using firecrackers, Roman candles and other explosives that for years injured or killed people across the state.

“Everyone discovered that because of this new law they can have an even better time free from customary worries,” Mr. James said shortly after Independence Day, according to a newspaper report.

This July Fourth weekend, three years after the state lifted its ban on fireworks, many across the state are harkening back to days of peace and quiet. Sales of fireworks amid the coronavirus pandemic are booming, and so are complaints about nightly amateur pyrotechnic displays.

But the likelihood of the Legislature reinstating a ban — or allowing cities and towns the right to do it — comes down to one thing: cash.

That was the impetus for making them legal in the first place, when, in 2017, lawmakers lifted the ban as part of a revenue-raising package that brought an end to a protracted budget battle with Gov. Tom Wolf.

Now, lawmakers are considering a proposal that would allow certain municipalities to prohibit residents from setting off fireworks. But with the state’s finances still reeling from coronavirus-caused shutdowns, a return to prohibition seems unlikely.

“All of us know that something needs to be done, but we realize that because of the revenue, that is going to be an uphill battle,” Rep. Mike Schlossberg, D-Lehigh, said.

The 2017 law levied a 12% tax on fireworks on top of the state’s 6% sales tax. Between the end of that year and mid-2019, that tax raised $8.2 million for state coffers. Preliminary estimates show it brought in $7.4 million in fiscal year 2019-20.

This year, sales for fireworks have boomed, as families with young children look for outdoor summer activities at home, according to a spokesperson for the Pennsylvania Pyrotechnics Association.

The appeal of limiting fireworks spans across partisan lines. This week, the state Senate voted 48-2 to adopt an amendment from Sen. Pat Browne, R-Lehigh, that would allow municipalities that meet a certain population threshold to prohibit the use of consumer fireworks. The bill is on hold as the General Assembly breaks for summer recess.

There are also lawmakers who want to go further.

Sen. Judy Schwank, D-Berks, plans to introduce legislation to repeal the 2017 fireworks law, writing in a memo seeking support from her colleagues, “Our police and fire departments officials say the complaints continue to pile up and law enforcement has proven to be futile at best.” Mr. Schlossberg and some of his Democratic colleagues will put forth their bill with the same goal.