Fireworks bans survive legal challenges
By Roger Croteau and Zeke MacCormack: Express-News
SEGUIN — An attempt by a major fireworks vendor to overturn bans on the sale of fireworks because of dry conditions in the area hit a legal roadblock Monday.
Mr. W Fireworks sought temporary restraining orders to lift the bans in Guadalupe and Medina counties, claiming the counties waited too long to order fireworks sales halted. But in both cases, state district judges refused to overturn the bans.
“We are certainly in an extreme drought,” said Guadalupe County Judge Mike Wiggins, who on June 20 signed the emergency 60-hour declaration banning the sale and use of all fireworks. Gov. Rick Perry then extended the ban through the July 4 holiday.
Gay Gueringer, attorney for Mr. W, argued that the state law allowing county judges to issue temporary disaster declarations banning the sale and use of all fireworks requires that the action be taken by June 15.
Wayne Wildman, president of Mr. W, said the lack of adequate notice of a shutdown of his dozen or so stands in Guadalupe County caused him to waste time and money readying them to open.