PA Commonwealth Court rules certain Fireworks Law (Act 43) provisions as unconstitutional in recent Phantom Fireworks Case (Case No. 21 M.D. 2018 filed on December 4, 2018)

 

The new PA Fireworks Law, which took effect on October 30, 2017, unleashed new regulations addressing the sale, use and storage of both consumer and display fireworks in Pennsylvania. The regulations loosen the restrictions on the sale and use of consumer fireworks and localities across the Commonwealth have voiced safety concerns. The recent 2018 Commonwealth Court case has the effect of removing “temporary structures” as locations from which consumer fireworks may be sold in Pennsylvania. Hence, consumer fireworks would need to be sold from traditional brick and mortar establishments. The Commonwealth Court held that all references and provisions related to “temporary structures” in Act 43 are unconstitutional and enjoin their enforcement. It is of interest to note that the Act 43 provisions were deemed unconstitutional on a procedural basis and not based upon any general health, safety or welfare concerns. It seems likely that vendors benefiting from the sale of consumer fireworks from temporary structures will rush to rectify this exclusionary action by seeking to amend the laws in place. For more information about this case or the implications of the Fireworks Law, please contact Kim Venzie at kvenzie@buckleyllp.com or at (610) 235-0238.