Decades after devastating fire, Iowa warily allows fireworks
ADEL — On a scorching day 86 years ago, a dropped sparkler ignited an inferno that roared through much of the small city of Spencer, Iowa, and led to a statewide fireworks ban that endured for generations.
Fireworks have since become legal in most of the country and Iowa legislators voted this year to end the bans. But with the Fourth of July approaching, officials in many cities are resisting fireworks sales and prohibiting people from setting off newly legal bottle rockets, firecrackers and roman candles.
“They’ve made it really tough,” said Todd Wallace, who gave up on plans to sell fireworks from a tent in a grassy field on the edge of Des Moines. “There would be no impact on anybody, but the city said, ‘no can do.'”
Many Iowa officials remain keenly aware of the blaze that engulfed about 100 buildings in Spencer on a 97-degree (36-degrees-Celsius), windy June day in 1931, when a fire started by a sparkler at Bjornstad’s drugstore quickly spread.
Iowa lawmakers were prodded to end the ban by polls showing support for legalizing fireworks, the prospect of $1.5 million annually in sales tax revenue and the conclusion that if 43 other states allowed consumer fireworks, Iowa should join in.
Cities are supposed to allow the sale of consumer fireworks, comprised of products with more pop and sizzle than sparklers but much smaller than professional displays. Some communities have passed restrictive zoning rules, outlawed fireworks use or limited the crackles and bangs to just a few hours on the Fourth.
Des Moines technically abided by the new law’s sale requirement, but limited retailers to industrial areas and required that temporary tents be broken down and the inventory removed for six hours each day.
“It’s virtually impossible in Des Moines,” said Zach Terhark, co-owner of the newly created Iowa Fireworks Company, which has started selling fireworks from tents in more than a dozen spots across the state.
Among Terhark’s locations is a tent in the small community of Adel, which is 25 miles (40 kilometers) from Des Moines but still one of the closest spots to the state’s largest city.
The sales restrictions and limits on setting off fireworks have left state Sen. Jake Chapman exasperated.
“If you listen to the opponents of this law, you’d think everyone is going to die and the whole state is going to burn down,” said Chapman, who was among the strongest supporters of the legislation.
Chapman doesn’t begrudge cities from outlawing the use of fireworks, but he argues local officials are violating state law by creating barriers to selling the explosives. If cities persist, Chapman said the Legislature might take up the issue next year to specifically outlaw such restrictions.
Some vendors also are taking action. The nation’s largest fireworks wholesaler asked a judge to block the sales restrictions in Des Moines.
“The city’s pretty dramatic action left us little option” said Tim Coonan, a Des Moines lawyer who is presenting Alabama-based American Promotional Events.
On Thursday, U.S. District Judge Rebecca Goodgame Ebinger denied the company’s motion for a temporary injunction which would have forced the city to allow fireworks sales in locations other than industrial areas on the city’s outskirts.
But in another lawsuit brought by Nebraska-based Bellino Fireworks against several Des Moines suburbs, the judge said those cities cannot require Bellino to get a special permit to sell fireworks and two other cities cannot ban fireworks sales from temporary structures. The judge also stopped a Des Moines suburb from requiring additional insurance coverage.