[StBernard] St. Bernard President Craig Taffaro vetoes law to legalize fireworks

[Westley Annis]

St. Bernard Parish President Craig Taffaro vetoes law to legalize fireworks 

1981 public referendum banned fireworks sale 

 

St. Bernard Parish President Craig P. Taffaro Jr. issued his first veto on
Friday, March 20, 2009, in response to the ordinance approved by the St.
Bernard Parish Council that called for legalizing fireworks.

 

President Taffaro said he vetoed the law approved March 3 because there had
been a public referendum in 1981 that prohibited the sale of fireworks and
it wasn't proper for the council to override those voters without another
public referendum.

 

"While debate on the issue of the legalization of fireworks including the
sale and discharge of such is one of necessity, especially when one
considers the practical experience of St. Bernard Parish particularly during
the Christmas and New Year seasons and to a lesser extent during the
immediate time frame of Independence Day, the decision to veto SBPC
#970-03-09 is more relative to procedural precedent than substance of the
debate," Taffaro said in his veto statement.

 

On January 13, 1981, the St. Bernard Parish Police Jury adopted a motion
calling for a referendum regarding the sale of fireworks in St. Bernard
Parish, Taffaro said.  The motion for the referendum was unanimously carried
by all members present and followed a failed motion to address the limiting
of sales of fireworks in St. Bernard Parish through a vote of the St.
Bernard Parish Police Jury.

 

Subsequent to the actions of the St. Bernard Parish Police Jury on January
13, 1981 a special referendum election was held on April 4, 1981 which
proposed "Shall the St. Bernard Parish Police Jury be authorized to adopt an
ordinance prohibiting the sale of fireworks and other explosive devices in
said Parish effective June 1, 1981 and to prescribe penalties for violations
thereof and other matters in connection therewith?"

 

The special referendum election resulted in 11,029 total votes being cast in
favor of the proposition and 5,740 votes being cast against the proposition.


 

Despite the belief that St. Bernard Parish is not capturing some tax revenue
that would be derived from fireworks sales under the council's ordinance,
the larger question is whether local government should be stepping into a
role of overturning a public referendum through a simple majority vote of
the governing authority and approval of the parish president.  

 

"If it is the will of the public and the governing authority is merely
mirroring the practical expression of the public will, then said public will
presumably speak to the issue when offered an opportunity to reverse itself
in an additional election call," Taffaro said in his statement.

 

Additionally, the ordinance passed by the council contains language that
raises other concerns for the administration.  While Taffaro said he
anticipated that some of the concerns expressed by Fire Chief Thomas Stone
could have been addressed by possible future council amendments, the Charter
requires him to state his reason for the veto of the law as approved.

 

The 1981 referendum specifically addresses the sale of fireworks and other
explosive devices but appears to be absent in regard to the discharge of
fireworks and other explosive devices.  Included in this veto message is the
concern that SBPC #970-03-09 does not adequately address penalties of
sufficient deterrence for non-compliance of the ordinance.  If St. Bernard
Parish shall allow the discharge of fireworks, it would be logically
consistent that the sale of fireworks would also be allowed.  However, the
apparent inconsistency within this conundrum is not appropriately corrected
in a manner which silences a public vote.  

 

"It would appear more consistent with the spirit of the United States of
America, the State of Louisiana, and the Parish of St. Bernard to ask the
public to reconsider its decision in a referendum," Taffaro said in his veto
statement. "The administration fully supports the governing authority's
right to consider calling for an election that would specifically address
the reversal of the proposition called and subsequently passed on the April
4, 1981 election in St. Bernard Parish."

 

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