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Danny De Gracia: People won’t obey fireworks laws unless they are enforced

Danny De Gracia: People won’t obey fireworks laws unless they are enforced

If we want to prevent the use of illegal fireworks, we have to give the city tools to lay down the law. That means more funding, arrests and timely prosecution of cases.

I have a purely hypothetical question, just for the sake of political discussion, that our elected leaders should ask each other: “If you were looking to buy illegal drugs in Hawaii, where would you go to get them?”

Most of you would say, “Are you crazy? Why would I know how to get something like that?

And my answer is: “Exactly.”

Like Jennifer Gray opposite Charlie Sheen in “Ferris Bueller’s Day Off” yes most of us clear and law-abiding rules If we were going to look for drugs, we wouldn’t know where to start. And rightly so. It would be a comedy of errors if we even tried. Why is that?

On the one hand, the fact that drugs are illegal is well established, and if you get caught, it’s a big problem. Second is the paranoia that an anti-drug agent Who looks like Josh Brolin? He’s probably keeping an eye out, and if you’re going to look for a drug dealer, you’ll probably get stung in the process.

Now ask yourself the following question: “If you were looking to buy illegal aerial fireworks in Hawaii, where would you go to get them?”

Suddenly, almost everyone, including your next-door neighbor, knows exactly where to get a connection.

But how is this possible? We know they are illegal. We know the government is intercepting and confiscating shipments. And we might even know if you get caught. is a Class C felony under House Revised Statute 132D-14. And yet, events like New Year’s Eve and the Fourth of July find hundreds, perhaps even thousands of local residents fearlessly purchasing and launching illegal aerial fireworks.

In international law, all law is based on tolerated traditions and patterns, so if no one respects or voluntarily submits to the law, it is no longer valid. That’s why, since the presidency of Jimmy CarterThe United States will sail an aircraft carrier off the coasts of any country that claims its territorial waters exceed 12 nautical milesbecause we do not want to create a precedent that allows countries to claim, for example, that the Mediterranean is their private lake.

Domestic law operates according to a similar principle. If no one obeys the law and if no one consistently enforces it, it has no effect. (Those of you who want to study this concept further can read about the philosopher Socrates and whether or not he had the right to selectively obey the laws of Athens.) In short, for a law to be effective, people must know that it is reasonable and be willing to follow it, and those who do not obey it must face some type of consequence for non-compliance.

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A deadly fireworks explosion in the Salt Lake neighborhood occurred during a New Year’s Eve party. (Courtesy: Nick Wendrych)

The public has been sailing with an aircraft carrier’s worth disobedience to fireworks laws since they are in the books. On the surface, that suggests the public doesn’t have a very high opinion of the law or the lawmakers who passed it.

One could argue that constant disobedience is like our version of “The Purge” moviesduring which the locals tolerate everything else in Hawaii but insist on having a day to free themselves from the restrictions and vent their frustration.

The aerial fireworks launched in Waipahu and Ewa Beach towards the end of the Covid-19 pandemic definitely seemed malicious against the government. But I personally believe that the real reason this is not working is that the government simply has not made the case that aerial fireworks are dangerous and we have a unique situation, especially on O’ahu, that requires us to ban these pyrotechnic devices.

Value public safety

Maybe we need to go back to the beginning and post a series of fire safety messages. Firefighters are most trusted people in americaSo maybe mayors should saturate social media, TV, and radio with firefighter ads saying “Take this seriously” and explaining why aerial fireworks are dangerous.

Hawaii, and especially O’ahu, has a population densely packed into multigenerational homes built close to each other. There is also a significant amount of dry brushing. All it takes is for aerial fireworks to malfunction or for their ballistic trajectory to be launched in the wrong place and it could start a dangerous fire.

There’s also the fact that most people think they know what they’re doing. Fireworks are actually very simple devices that are much easier to ignite or explode than one might imagine.

A law that no one respects is no law at all.

Example: When I was 15 years old, I was a member of my high school group. Estes model rocket launch club, and I considered myself an ace because I routinely built rockets that broke all the club records. But one day, my friend Josh lit a cigarette and started smoking while I was preparing a set of C rocket motors.

Before I could yell at him to stop, a single ember blew toward me and ignited the engines, burning the outer layer of skin on the palm of my right hand. Unlikely? Yes. But it happened. The lesson I learned that day was that rockets were more dangerous than I thought and I never launched them again.

If the public knew how dangerous aerial fireworks could be and listened to those fighting fires caused by them, those treating victims injured by them, and possibly even the victims themselves, perhaps they wouldn’t have that kind of concern. I will not comply.” “Instinctive reflex before the law.

Better Law Enforcement Strategies and Resources

Most people are probably unwilling or unable to turn in their neighbors who do not comply with the aerial fireworks ban. I understand. us too I don’t have enough officers We can focus on controlling fireworks while we continue to monitor other crimes, so maybe we could start with a pilot project.

Honolulu could start with neighborhoods known to have a high frequency of illegal airdrops and have city officials photograph the incidents and the people who launch them. In the same way that some cities with water restrictions publish the names of people who waste waterthose who violate HRS 132D-14 could be made public. Sure, this will definitely upset a lot of people, but it will quickly burst the bubble that illegal fireworks can be used with impunity in Honolulu.

And if we want greater law enforcement, we have to give the city the tools to enforce the law. That means more funds allocated specifically to education/countermarketing, patrols, arrests, and timely prosecution of cases. It’s not an easy thing to do, but if you’re serious about these things, you have to show the public that you’re treating the law as something to be enforced, not something to romanticize. Otherwise, a law that no one respects is no law at all.

We should also offer citizens alternative activities on New Year’s Eve and the 4th of July. People want to have fun and we must recognize that. Alternative events could also be beneficial for tourism.

At the end of the day, “fun” shouldn’t endanger your life or the lives of your neighbors.

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