Jurassic Fireworks and Artillery World are back in business for the Fourth of July fireworks season, though perhaps not necessarily business as usual.
That’s after an order May 31 by Laramie County District Court Judge Robin Cooley that the Laramie County Board of Commissioners issue both fireworks businesses temporary conditional permits for the 2024 Fourth of July season.
Commissioners had denied both businesses, located just north of the Wyoming-Colorado border off Interstate 25, operating permits April 16 and again May 7, over what they had characterized as loud and “obnoxious” advertising that could distract motorists.
But Cooley’s order also includes several prohibitions on the fireworks outlets. They are not allowed to have anyone or anything in the right of way directing customers to the businesses, whether that’s with a bullhorn, flags or any other method.
Amplified sound must come from the immediate property of each business and not from the surrounding location or from elevated platforms.Speakers along the roof edge are acceptable, but must not exceed 80 decibels at the property’s border.
Harassment by Artillery or Jurassic agents of neighboring competing Fireworks businesses also is prohibited, whether owner, employee or something else.
Never Happened
Both businesses reopened immediately following the order, according to Pete Elliott, one of the owners of Jurassic Fireworks and Artillery World. He told Cowboy State Daily that none of the things listed in the judge’s conditions were ever happening anyway.
“That is all lies,” he said.
Bullhorns have been in use on the property for marketing since the beginning, he acknowledged, but that was primarily a defense mechanism.
“Back when we were competing up on College Drive, we got rained out really bad one year, and there’s like a little pond right in front of our fireworks down there,” he said. “The other company kept telling everybody that our fireworks were all wet.”
So, Elliott took to using a bullhorn to say that none of that was true.
“We said, ‘Hey please don’t believe their lies,’” Elliott said. “’Check out our fireworks. They are amazing. We’ve got great discounts. Please don’t believe the lies.’”
Elliott said his businesses has long been victimized by bullying by county officials, and that the rules seem to keep continually changing.
“They’ve changed codes on us for everything,” he said. “Bullhorns back in the day, flagging, painting. I mean, it’s just been ongoing, and it’s unnecessary. It should have never got this far.”
County Commissioner Gunnar Malm, meanwhile, told Cowboy State Daily that he could not comment at length while the case is still pending, but that he believes the county’s decision was lawful.
“Because the case remains to be litigated, my only comment is our decision was based on the health, safety and protection of the community,” he said. “And I have no regrets about our decision.”
Malm has told Cowboy State Daily previously that he had voted to approve permits for the two businesses, changed his vote after commissioners received an email he characterized as threatening.
Elliott told Cowboy State Daily on Thursday that there’s nothing to that claim.
“The sheriff deemed it not even close to threatening,” Elliott said.
On The Hook For $2 million
In her affidavit filed with the court, owner Breana Elliott said the two businesses would lose more than $2 million in sales if they could not operate in 2024.
Such a huge loss would make it impossible for them to fulfill vendor contracts for fireworks that have already been ordered and cannot be canceled.
Artillery World and Jurassic Fireworks “need to pay for the purchases by mid-July or be in default,” Elliott said in her sworn affidavit.
The fireworks cannot be sold to other businesses because those businesses have already bought their 2024 inventory, she added.
The situation south of Cheyenne has overseas vendors contacting Breanna Elliott concerned they’re not going to get paid. That is already hurting longstanding business relationships that may be difficult to recover in future years, she said.
“We have ongoing bills to pay that haven’t stopped,” she added. “Including electricity payments, taxes, employee expenses, manager’s salary, freight, as well as the mortgage on the buildings that the county required us to construct.”
More than 90% of the annual revenue that goes toward those year-round bills is raised during the short period of time leading up to July 4.
“It is imperative that we restart selling fireworks today,” she said. “While the stores sit idle, I and my family are experiencing great emotional pain as the expenses continue and the bills keep coming. This is depressing and causing health issues, including aggravating prior health conditions. If the court does not act quickly, and if litigation takes its normal course without immediate relief, the businesses will be lost and damages irreparable.”
Likely To Succeed
In making the order requiring Laramie County to issue a conditional permit, Cooley said the plaintiffs — particularly Breana Elliott as the owner of Artillery World — would likely succeed in proving that Laramie County commissioners erred in denying the businesses’ permits.
The two businesses are distinct, Breanna Elliott testified in her affidavit, yet were treated as one and the same by commissioners.
“These practices, while legal, were employed only by Artillery World, not by Jurassic Fireworks,” she said. “I further noted that the board had approved the same applications under the same circumstances in prior years.”
There have been no citations from law enforcement in any prior years for any violations, she added, and bullhorns and flaggers are both protected under the First Amendment as commercial speech.
Breanna also said in her affidavit that her father, Pete, is in the process of transferring both businesses to her.
Cooley agreed with Breana Elliot’s contention that the fireworks businesses would suffer irreparable harm if they can’t operate during the 2024 Fourth of July season, and that there is no other plain, speedy remedy available.
While an injunction is more usually aimed at stopping an action, it can also force an action if necessary to preserve the status quo.
That is the case here, which is why the court’s order uncharacteristically forces Laramie County to issue an operating permit, rather than stopping a particular action.
Renée Jean can be reached at renee@cowboystatedaily.com.
