Testimony of Jon Wills, Ohio Osteopathic Association, on Substitute SB 113 (June 23, 2021)

Summary

Testimony of Jon Wills, Executive Director Emeritus (retired) of the Ohio Osteopathic Association, dated June 23, 2021, to the House Commerce and Labor Committee in opposition to Substitute Senate Bill 113 (Fireworks Legalization and Regulation). The testimony says that according to the Ohio Department of Health at least 120 preventable fireworks injuries occur in Ohio each year, and that twenty-five percent of Ohio's fireworks injuries occur to young people under 15 of years of age. It says the bill gives counties, cities and some townships limited options for a total ban or time restrictions, but not enough explicit authority over locations, hours and dates, product types or local permitting. It states that amendments do not go far enough.

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                               TESTIMONY OF JON WILLS
                 Substitute 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. My name is Jon Wills, and I am Executive Director Emeritus
(retired) of the Ohio Osteopathic Association. I have been a patient, physician, and public health
advocate for more than 45 years, and I am testifying today as an interested party to express my on-
going opposition to Substitute Senate Bill 113.


There is no totally safe way to discharge fireworks in any setting. According to the Ohio
Department of Health at least 120 preventable fireworks injuries occur in Ohio each year resulting in
visits to emergency rooms even with Ohio’s current moratorium. Twenty-five percent of Ohio’s
fireworks injuries occur to young people under 15 of years of age and nearly half are inflicted on
innocent bystanders who are not involved with the discharge. Firework explosions can cause
traumatic reactions for an estimated 100,000 Ohio veterans suffering from Post-Traumatic Stress
Disorder. Fireworks also can cause stress and anxiety for our household pets and farm animals;
nearly 62 percent of Ohioans are pet owners.


While I am primarily opposed to Sub SB 113 for public safety reasons, this bill also infringes on my
rights as a property owner to ensure that my family, grandchildren, pets, and home remain protected
from loud fireworks explosions, property damage and personal injuries caused by the potential
discharge of consumer grade fireworks in my neighbors’ backyards. Irresponsible discharge of
commercial grade fireworks – particularly during neighborhood parties where alcohol may be
present – create an environment for possible injury and property damage as well as more intense
neighborhood disputes. This bill will also cause additional enforcement dilemmas for local
jurisdictions.
Even though Sub SB 113 does allow counties, cities, and some townships limited options for a total
ban or time restrictions, it does not allow enough explicit authority for these jurisdictions to (1)
restrict locations for discharge, (2) limit the hours and dates for discharge, (3) prohibit the
types of consumer grade products that can discharged, and (4) establish a local permitting or
licensing process where fireworks safety can be properly granted, instructed and enforced by
local authorities. The legislation, as currently drafted gives the public the false impression that
discharge of 1.4G fireworks is safe if intended users wear goggles and read a free safety brochure
provided by the fireworks vendor. Unfortunately, we all know how well some people follow
instruction manuals. “Buyer Beware” standards do not protect a neighbor’s property and family
from potential fireworks harm, period. Local ordinances and permitting processes do a much better
job, even though, as stated before --- there is no totally safe way to discharge consumer grade
fireworks. A permitting process would also give law enforcement officers the tools they need when
called to adjudicate fireworks discharge complaints.


Community firework displays in Ohio currently bring people together to celebrate national holidays
and other local festivities in a restricted setting managed by professionals. Although SB 113 was
amended in committee to limit the discharge to certain holidays, amendments do not go far enough.
Current language will continue to pit neighbor against neighbor, because there are strong feelings on
both sides of fireworks discharge in neighborhood settings. I realize there are problems that need to
be resolved with Ohio’s existing fireworks moratorium law, but Sub SB 113 as currently drafted
creates more new problems than it resolves in terms of property rights, safety concerns and
complaint resolution.


Thank you for allowing me to testify today.


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