Testimony of Eric Rathburn — Sub. SB 113, Fireworks Legalization and Regulation (June 23, 2021)

Summary

Opponent testimony of Eric Rathburn on Substitute Senate Bill 113 (Fireworks Legalization and Regulation), dated June 23, 2021, to the House Commerce and Labor Committee. The testimony recounts a June 27th, 2009 pre-July 4th party in Hilliard where a misfire from mortar type fireworks struck the author's glasses, followed by an emergency room visit and surgery. It says the right eye was permanently damaged and that the author no longer watches any fireworks. It states that legalizing discharge of consumer fireworks would result in avoidable additional emergency room visits and strain health care institutions, and closes by opposing passage of the bill.

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                      TESTIMONY OF ERIC RATHBURN
            Sub. SB 113—Fireworks Legalization and Regulation
                             June 23, 2021

Chair Stein, Vice Chair Johnson, Ranking Member Lepore-Hagan, and members of the
House Commerce and Labor Committee, I want to thank you for the opportunity to
provide opponent testimony on Substitute Senate Bill 113.

My name is Eric Rathburn. I want to share with you my personal experience with
fireworks and stress the importance of not passing this legislation.

Like many kids growing up in small towns like Mansfield, Ohio, fireworks were fairly
easy to obtain, even though they were illegal to shoot off. We mostly messed around
with these fireworks without our parents’ knowledge or adult supervision. Nothing
serious happened except for some minor burns.

However, my attitude toward all fireworks greatly changed as an adult roughly twenty-
five to thirty years later. When I look back and remember what we did as kids I realize
now how lucky we were. I also realize how stupid we were in playing with fireworks.

On June 27th, 2009 I was invited to a couple of pre-July 4th parties. One party was in
Hilliard where I decided to stay past dark to catch up with old friends – a decision that
changed my life forever.

The homeowner at the party and some of his buddies set up to shoot fireworks (mortar
type fireworks that you can buy at fireworks retail stores) in the grass in the middle of
the houses. I was talking to friends and when some of them left, I sat down in one of
their chairs.

No sooner than me sitting down, a misfire came flying through the crowd and changed
my life. The misfire hit me in the glasses sending me backwards on to the grass and
knocking my glasses off me. After that I did not see anything.

Friends came to my aide as I was bleeding and leaking fluid from the eye. I was taken
to OSU emergency room unable to open either eye. The doctor that examined me had
to force my eyelids open to look at both of my eyes. My left eye was fine. When the
doctor forced open my right eye, I could see some light so I guess that was good sign.

I was admitted after receiving a MRI scan and surgery was performed over three hours
the next morning. I went home the next day and mostly went around the house by feel,
having a large patch over my right eye, I was right eye dominant, and not unable to
open my left. After a few days, I was able to start opening my left eye while keeping my
right eye closed. But that was difficult and it hurt to keep it open for long.

I eventually was able to open my right eye, but it had been permanently damaged, with
a scar down the middle from where it was cut and sown back together. My right pupil is

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fully dilated now at all times because of the damage and my iris has dropped to the
bottom of the eye.

It took me a few follow-up visits with my doctor before we discussed how lucky I truly
was that day. My doctor noted that without glasses on, the firework fireball would have
struck me in the eye and probably attached to me from the heat and blown up in my
face. I not only could have been severely injured but also could have died from the
impact/explosion. Yes, I was very lucky. I was an innocent bystander at a friend’s
cookout, minding my own business, having fun, who was injured by a firework
illegally shot off from a friend’s back yard.

Today, I can see out of my right eye, but it is like looking out a very soapy window on a
very bright day. My damaged eye cannot be corrected with eyeglasses. Both eyes are
also still very light sensitive and I can be seen wearing sunglasses even on cloudy days
driving or inside a restaurant if I’m close to the windows on a sunny afternoon. There
rarely is a day today when I’m outside when it is light out without sunglasses.

My left eye has taken over and become the dominant eye now as it is my only fully
operational eye. Occasionally, I still have dreams of a fiery ball coming at me. I no
longer watch any fireworks and you could say that I’m afraid of fireworks today.

It is important to keep Ohio’s fireworks laws as they are. There is no need to give
Ohioans the legal opportunity to shoot them off when there are so many injury stories
already like myself from the illegal discharge of fireworks in Ohio.

Moreover, our health care institutions, which are putting forth tremendous efforts to
serve those most in need due to COVID-19, do not need the additional strain on their
time and resources that will result from passage of this bill. Legalizing discharge of
consumer fireworks will result in avoidable additional emergency room visits to treat
injuries caused by fireworks use.

Please understand that making it legal/easier for individuals to shoot off fireworks
in Ohio will only make more unlucky bystanders like myself injured and even
disabled. In conclusion, I oppose the passage of Substitute Senate Bill 113.

Thank you for allowing me to submit testimony on this very important issue.

Eric Rathburn
9062 Barley Loft Drive
Columbus, Ohio 43240
(614) 436-8257




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