2006-12-14 02:24:47 UTC
status of the CPSC litigation against Firefox. - Dave
In the Firefox/CPSC case, on December 6, 2006, the judge issued
a ruling. The judge directed both parties to negotiate a mutually
acceptable plan for enforcement of the regulations and applicable
law which CPSC has authority to enforce.
What that means is that CPSC and Firefox must reach an
agreement on which chemicals and supplies are to be limited
in sales to non-ATF license holders, and what quantities will be
allowed to each purchaser.
The judge set a deadline of January 15, 2007 to present the
agreed-upon compromise to him. It is possible that this deadline
could be extended an additional 30 to 90 days if need be.
The judge indicated that he does not want to see Firefox forced
out of business. The judge has instructed both the government
and Firefox that if they fail to reach an agreement, he will make
the decision. The judge has stated explicitly that it is in the
parties' best interests to reach a compromise agreement --
meaning that it is in both parties' mutual interests for them to
decide what to do rather than the judge.
What does this mean for our hobby?
1) Whatever we get, it will almost certainly be better than what
the CPSC wanted, but less than what Firefox would want. Given
that the judge has indicated his willingness to consider lesser
restrictions than CPSC desired to impose, we are hopeful. But
it is too soon to know the final outcome. And there is a very real
possibility of further expensive and time-consuming legal action.
In the short-term, we must prepare thoroughly for the upcoming
negotiations, including creative approaches that might satisfy
CPSC's desire to ensure that pyrotechnic materials are only used
in an acceptable manner.
2) The fireworks hobby community will have input, either via
negotiations with CPSC or via submission to the judge, in the
3) If a mutually acceptable negotiation is reached, our hobby will
continue. But, whether a negotiated settlement is reached or the
judge himself decides, it is inevitable that quantities of some
chemicals available to non-ATF licensed buyers will be reduced.
What do we need to do next?
1) The case is not over. We still have huge expenses ahead as
we enter into negotiations. Please make a contribution to the
Fireworks Foundation. We do not want to falter now that we are
entering the home stretch. We absolutely need more funding.
2) If you know federally elected or appointed officials with
potential influence at or upon CPSC, please contact John
Steinberg, Tom Handel, or Harry Gilliam immediately.
Contact information below.
3) Please join the Fireworks Alliance if you have not already done
so. This will be the basis of our future efforts as we continue our
long range goals of working to develop a better regulatory climate
for our hobby. Go to http://www.fireworksalliance.com and sign up
there. It's free.
The PGI Board of Directors, the Board of the Fireworks Alliance,
and the Trustees of the Fireworks Foundation want to thank
each and every one of you who has contributed time, money
or effort to this matter so far. You have made it possible for
the Firefox case to get this far. Although the case is not over
yet, and there is still much legal work to be done on it, we
want you to know that you have truly made a difference to the
fireworks hobby. Without the strong showing we made enabled
by the funding you provided to defend this matter aggressively,
FireFox would have been compelled to enter into an agreement,
crafted unilaterally by the CPSC, that would have effectively
ended their business and quite possibly our hobby years ago.
Thank you again, and, please, send those checks and PayPal
donations to the Fireworks Foundation today. After all, couldn't you
use one more tax deduction in 2006?
Make your check payable to: "The Fireworks Foundation"
Mail your checks to:
Michael Swisher, Treasurer
The Fireworks Foundation
14511 Olinda Boulevard, North
Stillwater, Minnesota 55082
If you have political contacts, please get in touch with:
John Steinberg: ***@aol.com
Tom Handel: ***@bellatlantic.net
Harry Gilliam: ***@skylighter.com
Join The Fireworks Alliance. It's free: