Golden – A Jefferson County judge has upheld a ban on the sale of fireworks in unincorporated areas of the county.
Fireworks – even those permitted under state law – cannot be bought or used anywhere in Jefferson County this year. All cities in the county also ban the sale and use of fireworks.
Owners of six fireworks stands challenged the county commissioners’ authority when they approved the ban Tuesday out of concern about high wildfire danger.
They asked the court to force Jefferson County to issue the fireworks-sales permits.
Thursday’s denial of a preliminary injunction by District Judge Jane Tidball recognized the county was “dead-on” in presenting the “competent evidence” of countywide fire danger required for banning fireworks sales under a 2002 state law, said Deputy County Attorney Eric Butler.
The manager of a company proposing three Old Glory fireworks stands testified that setting up the tents cost $159,400 and that the ban means losing about $300,000 in gross revenues over 14 days.
Brad Witherell said the 30 people hired to work during the Fourth of July selling season “won’t have jobs this year.”
Attorneys for the vendors contended the areas where the fireworks stands were planned are not at high risk of fire.
Sheriff’s and fire witnesses said Jefferson County has had more than 100 fires since Jan. 1, which have cost $400,000 to fight.
Several witnesses said measurements indicate fire danger is high throughout the county and, in some areas, is higher than in 2002, which was Colorado’s worst fire season.
Tidball said that a preliminary injunction is an “unusual and extraordinary” remedy and that courts “are reluctant to restrain one arm of government.”
Fireworks vendors also were unsuccessful Wednesday in a similar appeal in Douglas County.
Under a fire ban imposed June 6 in Jefferson County, fireworks could not be used in unincorporated areas but could still be sold.
Sheriff’s Office staff encouraged residents to attend a licensed public fireworks display.
Deputies will enforce violations along with fire district and police personnel. In Jefferson County, a violator faces a fine of up to $750. Violations may be reported on the sheriff’s fireworks hotline, 303-271-8025.
Staff writer Ann Schrader can be reached at 303-278-3217 or aschrader@denverpost.com.
