Like most Americans, I enjoy watching – and lighting – fireworks on Independence Day.
America’s “birthday” should stand out among all national holidays. And the colorful, aerial explosions showcase the freedom and independence for which the U.S. stands.
But why then do only tribes have the ability to sell the “good” fireworks – you know: firecrackers, bottle rockets, Roman candles, mortars and more. There’s nothing magical about the imaginary line on a map suggesting fireworks perform differently on a reservation or tribal trust land.
Whether you are on or off a reservation, fireworks can start fires and cause injuries. But used responsibly, on or off a reservation, they also provide great entertainment, as well as make Independence Day look and feel more important.
In short, fireworks have the same effect whether you are on or off a reservation.
But when it comes to fireworks, tribal leaders see things differently than do our bureaucrats in Olympia. Most tribes see fireworks as a source of pride as well as a source of revenue for individual tribal members and the tribe as a whole.
Off reservation, the decision on what is legal is strictly political.
Revised Code of Washington 70.77 establishes the law making fireworks legal in Washington State. Subsection 70.77.111 says the intent of the law is designed to regulate, not prohibit, the sale and use of fireworks.
While the intent of the law isn’t to ban fireworks, the law gives the Washington State Patrol’s top bureaucrat the ability to “regulate” fireworks sale and use in the state. And by regulate, I mean it gives the chief the ability to prohibit certain fireworks, under the guise of so-called safety.
According to Revised Code of Washington 70.77.575, the chief is required to create a list of fireworks that can be sold in the state by Oct. 1. And by Nov. 1, the chief is required to notify manufacturers, wholesalers and importers what they are allowed to have available here.
Essentially, the Washington State Patrol chief gets to decide what millions of Washingtonians can and cannot use on the Fourth of July.
Except, in reality, he doesn’t.
Thousands – if not millions – of Washingtonians head to reservations each year to buy personal fireworks.
Non-tribal residents flock to “Firecracker Alley” between Tacoma and Puyallup to buy what they can’t purchase in the neighborhood fireworks both. In Toppenish, a fireworks flea market pops up at the end of every June, attracting celebratory enthusiasts from across the state.
Individual tribal stands open in the cities of Omak, Coulee Dam, Hunters, Neah Bay, Nespelem, Usk, and the list goes on. And just across the state line in Idaho, you’ll find many non-tribal Washingtonians lined up to purchase personal aerial fireworks on Coeur d’Alene tribal lands.
State fireworks laws simply do not apply on reservations, even those in the state. A federal court decided in the 2019 case Confederated Tribes and Bands of the Yakama Nation v. Klickitat County that non-tribal law enforcement officers cannot enforce a fireworks ban on-reservation.
So, Washington state has a different set of fireworks rules for tribal entrepreneurs and fireworks users, than non-tribal folks.
That’s prompted many communities across the state to take a different approach to enforcing fireworks laws.
Rather than have law enforcement chase off-reservation fireworks calls, some communities have designated discharge areas where residents can bring personal fireworks to launch under the watchful eyes of local fire and emergency crews.
The idea has led to fewer fires and fewer injuries in those communities. It’s also opened the door to fantastic personal fireworks displays, while reducing costs to communities that may not otherwise be able to afford a professional pyrotechnician.
Those local decisions haven’t resolved the disparity between tribal and non-tribal residents in our state. But they have been a successful way for many residents and communities to celebrate more safely, without turning regular Washingtonians into misdemeanor offenders.
Roger Harnack is the owner/publisher of Free Press Publishing. Email him at roger@cheneyfreepress.com.
Roger Harnack is the owner/publisher of Free Press Publishing. Having grown up Benton City, Roger is an award-winning journalist, columnist, photographer, editor and publisher. He's one of only two editorial/commentary writers from Washington state to ever receive the international Golden Quill. Roger is dedicated to the preservation of local media, and the voice it retains for Eastern Washington.
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