EDITORIAL
Override Squelches
Fireworks Legislators put a flawed but
good law on the books
We take little pleasure in thanking the General Assembly for a
veto override last week that allows homeowners and homeowners
associations to ban fireworks on nearby public land. Gov. Mark
Sanford's veto of the bill last month was an expression of his
tendency to allow the perfect to be the enemy of the good.
The fireworks bill, guided through the 2004 General Assembly by
S.C. Rep. Alan Clemmons, R-Myrtle Beach, is imperfect. As
Sanford noted in his veto message, it allows private individuals to
perform a government function.
In a perfect world of Sanford's making, the state would give S.C.
county councils the power to ban fireworks on a local basis.
Municipal councils long have had this power. Most towns and cities
in the region have used it to restrict the ignition of fireworks
within municipal limits.
Clemmons, in concert with the S.C. fireworks lobby, crafted the
bill that now becomes law with full knowledge that it would allow
homeowners and their associations to do work that the state should
be doing. Most legislators were unwilling to give counties the power
to ban or restrict fireworks beyond the restrictions that the state
already imposes. But most legislators were willing to empower
private individuals to mitigate fireworks danger near their homes.
Understanding that politics is the art of the possible, Clemmons
keyed the bill to that harsh political reality.
The now-passed legislation should prove useful. Especially along
Shore Drive in unincorporated Horry County, unrestricted fireworks
use long has been a perpetual annoyance to homeowners and visitors.
More important, it presents a fire danger for wooden structures.
Now, homeowners have the power to ban fireworks use adjacent to
their homes and to call the police when pyrotechnic violations of
their sanity and safety take place.
None of this is to suggest that Sanford is wrong to exhort
legislators to add fireworks bans and restrictions to S.C. counties'
home-rule powers.
This would be good lawmaking in the public interest.
But until such time as an outbreak of common sense on fireworks
regulation sweeps the General Assembly, the current legislation will
have to do.
It's not perfect, but it's pretty darn good. |