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NewsJuly 10, 2009

The vote banning fireworks in Jackson will be reconsidered at the next board of aldermen meeting, Ward 3 Alderman Larry Cunningham said Thursday.

The vote banning fireworks in Jackson will be reconsidered at the next board of aldermen meeting, Ward 3 Alderman Larry Cunningham said Thursday.

Cunningham, who surprised his colleagues Monday night by offering a motion to ban all fireworks sales and use in Jackson, said he does not apologize for his action. The 4-2 vote in favor of a ban has brought a storm of criticism in online comments at the Southeast Missourian website and, board members report, in their daily dealings with constituents.

At least five of the eight board members now say they will vote July 20 to reverse the decision, including two who initially voted for the ban and one who was absent. That majority, if it holds, assures the Monday vote will not stand.

Ward 2 Alderman David Hitt, who seconded Cunningham's motion, joins Ward 1 Alderman Phil Penzel in saying he has changed his mind. Ward 3 Alderman Mark Dambach and Ward 4 Alderman Joe Bob Baker voted against the ban. Ward 2 Alderman David Reiminger, who was absent, is the fifth vote to reverse the ban.

Cunningham, however, said he won't change his vote. But he said he will not present information he has been gathering on other local bans.

"I still think it is the very vocal minority against the silent majority," Cunningham said.

Ward 2 Alderman David Hitt, who seconded Cunningham's motion, said he has heard enough to change his mind.

"Monday night I made a mistake, and I represented it the way I saw it," Hitt said. "I am convinced that most people, a majority, probably a vast majority, want fireworks."

Cape Girardeau and Jackson currently have virtually identical laws, allowing the sale and use of fireworks from June 27 through July 4.

Both cities ban bottle rockets and aerial fireworks, although they are legal in other parts of Missouri. Of the adjacent states near Southeast Missouri, Kentucky and Illinois are the strictest, allowing no sales of explosive fireworks.

Before the vote, Hitt said, he had talked with people upset by fireworks in their neighborhoods. The noise and trash associated with private use of fireworks were the main complaints.

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"Whatever the issue is, you hear from people who are directly upset," Hitt said. "On July 5th, I heard from people who are upset about fireworks."

Since the vote, however, Hitt said he has talked to far more people upset about the ban. The most convincing arguments, he said, came from fellow legionnaires while he was at an executive meeting at the Jackson American Legion.

A World War II veteran told him the board's action takes away his rights and he didn't like it. "I told him, 'Bill, you've got a point, and there are all kinds of issues there. This has been an educational issue for me to not necessarily vote the way I see it,'" Hitt said.

Ward 4 Alderman Dale Rauh said he hasn't decided whether he will change his mind. Like Hitt, Rauh said he based his vote on comments from residents who were upset about the effect of fireworks in their neighborhood.

"I got some feedback from individuals who said their neighborhoods were like a war zone and they were afraid to leave their house," Rauh said. "I know our fire department was extremely grateful we had a rain on the Fourth of July."

While Rauh said he hasn't decided to reverse his vote, he isn't necessarily sticking to it, either.

"I am certainly willing to listen and willing to reconsider if I am convinced we don't have a safety issue," Rauh said. "Safety is the only issue in this."

rkeller@semissourian.com

388-3642

<form method="post" action="http://www.semissourian.com/scripts/poll/vote.php">Do you agree with the Jackson Board of Aldermen's recent motion to ban the sale or use of fireworks?&nbsp;Yes, a ban is a good idea &nbsp;Yes, but the vote was handled poorly &nbsp;No, fireworks should be legal during the week of the Fourth of July &nbsp;No, fireworks should be legal all year

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