The recent Fourth of July weekend brings up interesting questions about the law and law enforcement. The overriding question: What good is a rule if it is not enforced?
The Vancouver Fire Marshal’s Office did not issue any citations to people caught lighting fireworks during the Independence Day weekend. Fireworks are banned within the city limits, and more than 750 complaints were received at a centralized call center from throughout Clark County.
As the city’s website explains, regarding a ban that has been in place since 2016: “No, fireworks are NOT legal in the City of Vancouver. … This is a complete ban that includes all types of fireworks. Civil fines start at $500 for violating this law.” The page also says: “To record a complaint related to 4th of July activities in Clark County, please call 360-597-7888.”
Rather than hand out citations or confiscate fireworks, local officials issued verbal warnings. “We took a proactive approach this year to try to really educate the public,” Vancouver Fire Marshal Heidi Scarpelli said.
Indeed, the fire department has more important duties than acting as the fireworks police. The explosives typically lead to a handful of small blazes that must remain the primary focus of fire officials.
But failing to enforce the law is akin to a police officer shouting at a fleeing suspect, “Stop! Or I’ll yell ‘stop!’ again.” The rule of law loses its power when it is easily ignored.
This, of course, goes beyond the issue of fireworks and speaks to a broader trend throughout American society. Locally, we see it in scofflaws who live in Clark County but register vehicles in Oregon. Statewide, we see it in sheriffs who refuse to enforce Washington’s gun-control laws. Nationally, we see it in lax prosecution of tax cheats.
Often, complaints that the law is not being enforced are used as fuel to gin up a political base. These complaints can be misguided. During protests in 2020 in Portland, more than 1,000 people were arrested; and nearly 900 people have been arrested in connection with the Jan. 6, 2021, insurrection at the U.S. Capitol. Yet claims that there were no consequences for criminal activity have become part of the political discourse.
Violence and vandalism cannot be ignored by law enforcement; such acts threaten the foundation of a civilized society. But lesser crimes such as setting off fireworks within the city of Vancouver land in a gray area for law enforcement and for the public. As Ilya Somin wrote for The Washington Post: “It is difficult or impossible for ordinary people to keep track of all the laws they are subject to and to live a normal life without running afoul of at least some of them. This sad state of affairs is deeply at odds with the rule of law.”
Clark County has a labyrinth of regulations when it comes to Fourth of July fireworks. Fireworks are banned in Vancouver, while they are legal in unincorporated portions of the county. Other cities have their own laws.
It is understandable that many local residents are not aware of which laws govern their location. On the other hand, it is obvious that many others simply ignore the laws that are in place, secure in the belief that those laws will not be enforced. Seemingly every neighborhood in Vancouver was subjected to a cacophony of bangs and buzzes throughout the holiday weekend.
Vancouver officials should rethink their strategy and at least confiscate fireworks within the city limits. After all, what good is a rule if it is not enforced?
