Friday, July 3, 2009
Law breaking on the 4th
My Maryland | Blair Lee
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John Hancock had a lot of guts. He was president of the Continental Congress that, 233 years ago tomorrow, adopted the Declaration of Independence — an act of treason against the British crown. But the folks who met in Philadelphia on July 4, 1776, didn't get around to actually signing the Declaration until a month later.
Hancock was the first to sign and, so the story goes, affixed his signature in big, bold handwriting so that, as he said, King George III wouldn't need spectacles to read his name. Hancock's courageous act enshrined him forever in American folklore by giving rise to the popular colloquialism "put your John Hancock right here."
My kin, the Lee brothers, didn't sign with Hancock's conspicuousness. Two names from the bottom, Francis Lightfoot Lee of Virginia signed in microscopic script and, four lines above, Richard Henry Lee signed in slightly larger handwriting.
I'm not implying that the Lee brothers lacked courage — both men pushed for rebellion and it was Richard Henry Lee who got the ball rolling by offering the resolution that, "These united colonies are, and of right ought to be, free and independent states…" But signing the Declaration of Independence was tantamount to signing your own death warrant.
When news of the Declaration reached England where Ludwell Lee, Richard's son, was in school his friends teased, "We shall yet see your father's head on Tower Hill," to which young Ludwell defiantly replied, "You may have it when you can get it."
Among other things, the Declaration holds, as self-evident, our right to life, liberty and the pursuit of happiness. And one of my chief happinesses is celebrating Independence Day with the traditional parades, picnics, concerts and fireworks. Especially the fireworks.
There are three ways to watch fireworks. One, attend a public display at the Mall, Inner Harbor or fairgrounds. That's fine if you don't mind being herded like cattle with thousands of other people. Two, watch the fireworks on TV, not very authentic. And, three, put on your own backyard display, which is thoroughly illegal but somewhat apropos since, let's face it, we're celebrating our ancestors' treasonous law breaking.
So let's say, hypothetically, that a Maryland resident, while driving through South Carolina, stops at a roadside fireworks stand and purchases assorted sky busters such as "Nasty Boy," "Hostile Takeover,, "Explosion in Blue" and "What Dat Do." And let's say, again hypothetically, that this person wants to celebrate the Fourth by igniting these fireworks in an open field at a friend's house. How would this patriot go about obtaining a "fireworks discharge permit" so he won't be subject to arrest by the King … I mean, the police?
Well, Maryland law says, "The state fire marshal may issue a permit to authorize the discharge of fireworks," so I called the fire marshal's office and they directed me to the bomb squad department, which handles fireworks permits. There I talked to Deputy State Fire Marshal Joe Zurolo, a nice guy, who laid it out for me as follows:
First, state law goes into great detail defining fireworks, as "combustible, implosive or explosive combinations … visible or audible," including firecrackers, squibs, rockets, Roman candles, fire balloons, signal lights, toy torpedoes, smoke projectiles, helicopter-type rockets, illuminating torches, mines, shells, incendiary grenades and so on. The list stops just short of nuclear warheads.
Only cap pistols, sparklers, snakes and snappers are not defined as fireworks.
OK, if snakes and sparklers don't do it for me, how do I get licensed to set off the big stuff? Here's what Deputy Zurolo told me:
First, you must work as an intern for a licensed fireworks display company to learn the ropes. Next, you must pass a state-administered written test after which you become a "licensed shooter."
Then, to discharge fireworks you must obtain an event permit by applying 10 days beforehand and by paying a $50 fee. After filling out the paperwork you must then have the local fire chief inspect and approve your event site.
Next, you must post a $1 million liability insurance bond and, on the evening of the shoot, a deputy fire marshal must be present with the authority to close down the shoot if he or she finds it unsafe.
"Gosh, I said, that seems like an awful lot of regulation to celebrate freedom." Deputy Zurolo confirmed the obvious: There's no way a Maryland resident can legally set off fireworks in his backyard. And the fine is $250 per offense.
Or, I guess I'll watch fireworks on TV. But if John Hancock was alive I bet he'd defiantly set off sky rockets in his backyard and, if arrested, he'd most likely sign the summons with a big, bold, rebellious "John Hancock."
Blair Lee is CEO of the Lee Development Group in Silver Spring and a regular commentator for WBAL radio. His column appears Fridays in The Gazette. His e-mail address is blair@leedg.com.