Fireworks out of place in a state this dry

Banning fireworks during in extreme drought should not be this difficult. But this is New Mexico. Forbidding individual use of fireworks in areas where fire danger is high is complicated.

Still, Gov. Michelle Lujan Grisham has issued an executive order calling on local governments to institute bans, although at least one Doña Ana County official thinks the order is too late for most governments to act by July 4, when Independence Day traditionally is celebrated with blasts of color across the sky — and occasionally, streaks of uncontrolled burning through the trees.

She is right to have acted. The U.S. Drought Monitor shows 90 percent of New Mexico is experiencing at least severe drought conditions, with significant regions in extreme or exceptional drought.

The heat and dryness of summer 2021 will be one for the ages, portending a changing of the climate to a more arid, hotter normal. Santa Fe residents trying to stay comfortable in temperatures above or near 100 degrees know this.

Incredibly, the governor lacks authority under state law to issue an order forbidding use of fireworks altogether. That should change. The state needs to be able to act when conditions are this dangerous.

Cities and counties need greater authority to act. The governor is encouraging them to restrict sales — banning airborne fireworks is essential — but even as fires rage around the state, such restrictions take too much time.

The statute reads that a “county or governing body’s proclamation declaring an extreme or severe drought shall be issued no less than 20 days prior to a holiday for which fireworks are sold.” That appears to mean no limits for the Fourth if a city or county hasn’t yet acted.

Some municipalities didn’t wait on state guidance.

The city of Santa Fe already has restricted sales and use of certain fireworks; San Juan County did so in May, limiting missile-type rockets, helicopters, aerial spinners and stick-type rockets within unincorporated parts of the county. They have reason to be worried — in the past 10 years, almost 100 fireworks-caused fires have occurred in San Juan County. Santa Fe County has not put restrictions in place but is monitoring the situation.

In the news release announcing their move, San Juan County officials made it clear that, “these restrictions are as extreme as allowed by state law; there is no mechanism by which counties can ban fireworks totally.”

Let’s repeat that. No mechanism.

It may be too late for summer 2021, but New Mexico needs laws allowing a fuller restriction on the use of fireworks under certain circumstances. That could include limiting sales of certain types when fire danger is high. Massachusetts bans use, possession or selling of fireworks by private citizens altogether, the most restrictive statute in the nation and one likely too severe for New Mexico. Not surprisingly, our state is one of the most lenient when it comes to the use of fireworks. That’s a tribute to the fireworks lobby, no doubt.

A 2017 reform of New Mexico’s statute would have made it easier for counties and cities to regulate certain types of fireworks, reducing the time frame in which they could issue bans on sales from 20 to 10 days. House Bill 286, sponsored by Rep. Matthew McQueen of Galisteo, also would have given authority to the state fire marshal to hold hearings and, if necessary, ban fireworks. In a discussion this week on Twitter about the dry conditions, he tweeted: “An industry lobbyist straight up lied about what was in the bill and the first committee killed it.”

Georgia, which only legalized most fireworks within the past decade, allows the governor to issue a ban during drought. New Mexico needs a similar law, whether the power is with the governor or fire marshal. As they say in Georgia, “If it’s dry, fireworks don’t fly.”

Until that happens, it’s up to individuals to think of their neighbors and not their desire to shoot bottle rockets. Judging from the nighttime noise in Santa Fe, the severity of this drought is not sinking in.

On the Fourth of July, watch the city fireworks display over Santa Fe Place — that’s the best way to celebrate independence, enjoy a dazzling display and keep one another safe.