By JOURNAL STAFF
On Election Day, it looked as if “safe and sane” fireworks had been extinguished in San Juan County.
After the first votes were counted, the count in favor of the ban was 3,580 to 3,051. But through the week, that lead eroded. By press time Monday, with 100 ballots left to count, the vote was 4,493 in favor of the ban to 4,423 against — 50.39 to 49.61 percent.
Elections Supervisor Doris Schaller said that if the final result is a difference of one-half of 1 percent, there will be an automatic recount.
After the first votes were counted on Election Day, Don Burkhart of Fireworks Unrestricted expected the ban would be upheld. That it was upheld by only 50 votes after another 1,500 ballots had been tallied as of Friday “truly is surprising,” he said.
Burkhart does not expect a recount would produce a different result.
“If the last 100 votes trend like the 1,500, we’d be very close to recount territory, as far as as my understanding of it goes,” he said. “But the chances of a win are pretty slim now.”
Should the referendum fail for the second time, Burkhart said he intends to give up the fight.
“I think the voters of San Juan County have spoken … and the message is to ‘sit down and shut up’,” Burkhart said. “That’s what I intend to do.”
Here’s a refresher to bring islanders back up to speed.
In June 2008, the County Council voted unanimously to ban the use of “safe and sane” fireworks, at the behest of a countywide committee of public safety officials that includes the sheriff.
Fire officials endorsed the ban, citing the risk of fire and injury from all fireworks. Law enforcement officials endorsed the ban, saying it would be easier to enforce a ban on all fireworks rather than trying to distinguish between legal and illegal fireworks.
The law was to take effect by July 4, 2009, but was put on hold after Fireworks Unrestricted collected enough signatures to challenge it at the ballot box.
In November that year, voters upheld the ban by a 535-vote margin, making “safe and sane” fireworks as illegal to use as the more explosive kinds and subject to a $250 fine for a first offense.
The measure ended up back on the ballot after Superior Court Judge Don Eaton ruled that wording of the ballot measure challenging the county’s ban had been changed without the review of the measure’s sponsor, and ordered another vote.
Burkhart contended changes to the ballot title led to voter confusion. He said his group simplified its message — “Reject the Ban” — and worked to educate voters about “which vote results in which outcome.”
Burkhart said dangerous fireworks — like firecrackers, which explode, and Roman candles, which fly into the air — are already prohibited countywide.
But Sheriff Bill Cumming said a ban on all personal fireworks is becoming more common among cities and counties.
“It seems to be the trend in public safety to recognize the overall problems associated with fireworks,” he said. “Problems like personal safety and fire and the threat to the environment. On the days leading up to the Fourth of July, on the 4th and on the days after, we do get a number of calls. We’re very busy. People call to complain about the noise, about livestock and about their animals’ reaction that accompany those fireworks.”
Burkhart believes an all-out ban was too steep a price to pay for making enforcement easier.
“Are there some problems? Yes, there are, but almost exclusively with fireworks that are already illegal by state law,” he said in an earlier interview.
“Acting on that by banning ‘safe and sane’ fireworks is throwing the baby out with the bath water, and leaves us with the inherent contradiction of the need for a government-issued permit to celebrate our freedom.”
