Testimony of Sherill K. Williams, Prevent Blindness Ohio, on Substitute Senate Bill 113 (June 23, 2021)

Summary

Testimony of Sherill K. Williams, President & CEO of Prevent Blindness, Ohio Affiliate, on Substitute Senate Bill 113 (Fireworks Legalization and Regulation), dated June 23, 2021, to the House Commerce and Labor Committee. The testimony expresses opposition to the bill and says Prevent Blindness leads the Ohio Fireworks Safety Coalition of 50 organizations. It states that the Consumer Product Safety Commission reported 43% of imported fireworks tested were noncompliant, and that injuries from consumer fireworks increased 56% to nearly 14,000 injuries. It says the bill allows discharge 24 hours a day around holidays spanning 10 months, and it closes by offering to work with the bill sponsors and the committee.

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                                                          Ohio Affiliate                  Regional Locations
                                      1500 West Third Avenue, Suite 200    Miami Valley Ohio Chapter - Dayton
                                                 Columbus, Ohio 43212      Northeast Ohio Chapter - Cleveland
                               Phone (614) 464-2020 Fax (614) 481-9670        Northwest Ohio Chapter - Toledo
                                                Toll Free (800) 301-2020   Southwest Ohio Chapter - Cincinnati




                        TESTIMONY OF SHERILL K. WILLIAMS
                      President & CEO, Prevent Blindness, Ohio Affiliate
                    Sub SB 113—Fireworks Legalization and Regulation
                                       June 23, 2021

Chairman Stein, Vice Chair Johnson, Ranking Member Lepore-Hagan, and Members of the House
Commerce and Labor Committee, thank you for the opportunity to offer testimony regarding Substitute
Senate Bill 113. I am here today on behalf of the nearly 5,000 volunteers and advocates who support
the charitable mission of the Ohio Affiliate of Prevent Blindness (PBO) – to prevent blindness and
preserve sight.

PBO serves as the voice for Ohio consumers when it comes to eye health and safety. Along with the
nearly 1 million Ohioans of all ages that benefit from our direct services, we also take an active role in
advocacy to promote eye health and safety. This is the reason why I am here today to express
opposition to Substitute Senate Bill 113.

Prevent Blindness leads a statewide coalition of 50 organizations representing healthcare providers,
hospitals, fire safety officials, businesses, veterans groups, and animal advocates called the Ohio
Fireworks Safety Coalition. This large and diverse group has continually opposed fireworks discharge
in the Buckeye State. Many of our coalition members are your constituents and feel strongly that this
bill will result in more fireworks injuries to Ohioans.

Despite industry warnings and public service announcements, many consumers believe that if
something is legalized, it is inherently safe. This is the core of our concern with Sub. SB 113. Ohio’s
prohibition on fireworks discharge sends a clear message to our citizens: fireworks are dangerous.

While this bill provides for some minimal safety measures in the form of a safety pamphlet and
availability of safety goggles, the Consumer Product Safety Commission reported that 43% of
imported fireworks tested were noncompliant containing too much load and fuse violations. 99% of
consumer fireworks used in the United States are imported, with 94% coming from China. A safety
pamphlet or goggles is not effective protection against defective products.

Just like there is no safe way to drive under the influence or speed, there is no safe way to use
fireworks. There are thousands of serious injuries caused by discharge of consumer fireworks every
year... and HALF are to innocent bystanders. According to the Consumer Prodcut Safety Commission,
injuries caused by consumer fireworks increased 56% during March-September 2020 to nearly 14,000
injuries! One-third are suffered by children.

This is not a new debate in Ohio. In fact, similar bills have been introduced in the past four General
Assemblies. In each instance, advocates such as Prevent Blindness have come to the Statehouse to
share concerns and stories of fireworks injuries and fatalities. Proponents of the bill generally represent
the fireworks industry and not consumers or constituents.

Currently, Ohio is one of the four safest states when it comes to backyard fireworks with a decades-
long ban on consumer discharge. Passage of Sub. SB 113 in its current form opens Ohio to being
among the most dangerous states.

The bill sponsors point out that it provides local local community control. But, there are just a few
options including imposing restrictions on time and date of discharge, or banning consumer discharge
totally, as it is today. It does not allow local communities to limit proximity of discharge to neighbors,
schools, veteran’s homes, animal shelters, hospitals or zoos. Also, the types of fireworks allowed to be
discharged is not within local control. Consumer fireworks like bottle rockets and missiles follow an
errant flight path putting innocent bystanders and property at risk.

While we appreciate the Senate’s attempt to reduce the days/times in which fireworks discharge would
be legal in Sub. SB 113 compared to its original version, the substitute bill still allows for individuals
to discharge consumer grade fireworks including bottle rockets, missiles, roman candles and
firecrackers in the state of Ohio 24 hours a day on the day of and/or surrounding New Year’s Day,
Chinese New Year, Cinco de Mayo, Memorial Day weekend, Juneteenth, July 4 th, Labor Day and
Diwali. These holidays span 10 months of the year. Likely marketing and stockpiling of fireworks
would become a year-round activity.

We all believe in freedom and patriotism, but recognize that roughly half of all fireworks injuries are to
innocent bystanders, not to the individual actually lighting the fireworks. Many injuries are to children
and fireworks often have a very negative effect on veterans with PTSD, animal owners, and individuals
with developmental disabilities. I know this is something that the bill sponsors and supporters of Sub.
SB 113 do not take lightly and that concerns over public safety are likely the reason fireworks
discharge remains illegal in Ohio.

If the General Assembly truly feels that discharge should be allowed in Ohio, then I would strongly
encourage you to look to the prior General Assembly where House Bill 253 was amended in the Ohio
Senate to move the Ohio Fireworks Safety Coalition to neutral. This was a step in the right direction,
though unfortunately HB 253 did not receive a concurrence vote in the Ohio House before Lame Duck
came to a close.

Passage of a bill that has not been balanced fairly to benefit citizens who want to celebrate patriotism
and citizens who want optimal peace, safety and security for their neighborhoods is a stark contrast to
the hard work that the Governor and General Assembly have put forth to maintain the health, security
and safety of Ohioans during the pandemic.

In closing, I want to stress that, while our coalition remains opposed to fireworks discharge, we are
committed to working with the bill sponsors and this committee to make this a pro-safety bill. If it is
the position of the General Assembly to allow for consumer discharge in Ohio, we want to bring a
constructive voice to the table.

Thank you for your time and I would be happy to answer any questions at this time.


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