No person shall … be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use, without just compensation.
–Fifth Amendment,
Bill of Rights
No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
–Fifth Amendment,
Bill of Rights
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, … to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
– Sixth Amendment,
Bill of Rights
Fireworks Enforcement Notice: If you or someone at your home is seen by any City Code Enforcement, Police officer, or Firefighter, using illegal fireworks you will be sent an administrative citation, by mail, or between $250 and $750. There is no evidence or notification requirement.
– mailer, City of Gilroy
My unofficial and highly subjective survey (UHSS) indicates that use of illegal fireworks was substantially lower in the city of Gilroy this Independence Day. True, there were still many loud explosions and unauthorized rockets over our fair city.
But the explosions the first three days of July were isolated and sporadic, not a steadily increasing barrage. On Independence Day night itself, the unofficial aerial display was about half what transpired in 2005. And the explosions ceased before midnight, instead of continuing into the wee hours as in 2005.
To be sure, the actual numbers reported by the city do not support the results of my UHSS. In 2005, 7,349 illegal fireworks were confiscated; this year, 8,469 were. In 2005, police responded to 179 fireworks calls; this year to 222. In 2005, two citations were handed out; this year, 18 municipal and 40 administrative citations were issued.
These numbers do not necessarily contradict my UHSS. It could well be that illegal usage was curtailed by more calls, more citations and more confiscations. Or it could be that illegal usage was down because of the signs on every firework stand warning of fines and citations for illegal firework usage.
Or it could be that The Dispatch’s editorial stance of the last few Julys has born fruit. Not likely, I admit, but it could.
Or it could be that my UHSS was just plain wrong, and illegal fireworks usage continued at the same or an increased rate. I will assume that my UHSS is correct, and that illegal fireworks usage is down. I am glad.
Not that I dislike rockets and cherry bombs. If I lived in South Dakota where such things are legal, I would spend our entire discretionary budget for July to make our Independence Day a real blast.
On the other hand, if I lived in Cupertino, I would contribute to the delinquency of my minor children by buying them sparklers … and, since I would be breaking the law anyway, I might as well set off some aerials.
But I do not live in South Dakota, nor in Cupertino. I live in Gilroy, the only city in Santa Clara County where my children could have grown up with memories of writing their names in the sulfurous air. Legally. So, because I want to retain those sparklers, I obey the law, and I invite all my poor friends from the benighted cities of Cupertino, Morgan Hill and San Martin to come celebrate Independence Day with us.
However, I find it appalling and ironic that the City of Gilroy decided to issue 40 administrative citations for illegal firework usage on Independence Day.
American citizens have a right to due process. We have a right to a speedy and public trial by jury. We have the right to confront the witnesses against us and to summon witnesses to testify on our behalf.
But with these administrative citations, no one has to witness someone using illegal fireworks. Indeed, the alleged criminal does not even have to be present, let alone set off the illegal device.
The City of Gilroy had better rescind this policy. More municipal citations, yes. More confiscations, yes. No administrative citations. And let us all enjoy a happy, safe, sane and constitutional Independence Day 2007.
