When it comes to fireworks, there are two classes of people in Washington state, indeed much of the country.
In one class are American Indian tribes and tribal members, which sell mortars, Roman candles, firecrackers, bottle rockets and other fireworks with abandon. The other class comprises non-tribal residents, who are generally prohibited from possessing and lighting those same fireworks off a reservation.
Predictably, tribes and tribal members are racking up sales to non-tribal residents, who are subject to citations and fines for using them.
In case you didn’t know, a non-tribal resident possession than a pound — sans packaging — of fireworks deemed illegal by a state bureaucrat face a misdemeanor. Those with more than a pound of fireworks could face a gross misdemeanor. For the record, a gross misdemeanor carries up to 364 days in jail and a monetary penalty of to $5,000.
Spokane County is a great example of the dichotomy between tribal members and non-tribal Americans. Where’s the equality?
If tribes are allowed to sell fireworks in Washington state, then so should non-tribal residents and businesses.
I know, I know. Washington state bureaucrats are quick to call tribes “sovereign” and give them a fireworks loophole to do what many other Washingtonians wish they could do legally. The way the loophole works makes many residents wonder how is it that fireworks operate differently when you cross a line on or off a reservation.
Under state law, it’s not illegal to purchase, possess and use fireworks, even mortars … unless the chief of the Washington State Patrol says it is.
Under Revised Code of Washington 70.77.575, the chief, through the director of fire protection, establishes a list of consumer fireworks you and I can purchase. The chief then tells fireworks manufacturers and wholesalers what they are allowed to sell to non-tribal retailers in Washington state.
As you already know, the law and the chief’s list, however don’t apply to tribes.
So, tribal members rake in millions of dollars annually by selling the fireworks adults want. Meanwhile, non-tribal groups are generally limited to selling fireworks only young children still enjoy (except in places like Cheney, where you can’t buy, sell or use any fireworks).
There’s an inherent racial bias in the way fireworks possession, sales and use are managed in our state. It’s time Washington lawmakers align state fireworks laws with tribal rules, so all Washingtonians can enjoy Independence Day free from racial bias and threatened criminal proceedings.
— Roger Harnack is the publisher of Free Press Publishing. Email him at [email protected].
Roger Harnack is the owner/publisher of Free Press Publishing. Having grown up Benton City, Roger is an award-winning journalist, columnist, photographer, editor and publisher. He's one of only two editorial/commentary writers from Washington state to ever receive the international Golden Quill. Roger is dedicated to the preservation of local media, and the voice it retains for Eastern Washington.
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