AG Zoeller OK with patchwork fireworks bans

INDIANAPOLIS (WISH) - Counties and cities across the state are banning fireworks ahead of the fourth of July. It's all thanks to the current drought conditions. But all the different bans and declarations can be a little confusing. So should the state step in when it comes to banning fireworks this Fourth of July?

Local leaders including Indianapolis Mayor Greg Ballard have the ability to extinguish fireworks displays, both professional and private, if they believe there is a public safety threat. It's an ability that the folks at the Indiana Association of Cities and Towns want protected.

"This is a tough call for municipal leaders who are trying to do the right thing," said Leah McGrath of the Indiana Association of Cities and Towns.

Some fireworks dealers believe the state statute that permits the use of fireworks supercedes local bans. They threatened a legal challenge, and then backed away.

Attorney General Greg Zoeller comes down on the side of the mayors.

"They do have this authority," said Zoeller, "and the state specific statute about fireworks gets trumped by that larger grant under home rule to protect the public."

This could all lead to a new fireworks debate when state lawmakers return in January, but state Sen. Jim Merritt, R-Indianapolis, thinks it's unnecessary.

"Right now, I think there's enough flexibility in the law that we're in good shape," he said.

Others, including McGrath, would like the confusion eliminated.

"I think any time clarification can be added to the law," she said, "it's a really helpful thing to have."

If the patchwork approach to banning fireworks raises questions about whether you can set off bottle rockets or not, the attorney general has some advice: If you have any doubt, check with local authorities before you light a fuse.