By Attorney Paul Ghezzi
- Regulation of Fireworks: Local Authority vs. State Preemption Legal Issue: Orlando’s new fireworks ordinance aligns with Florida state law, which permits fireworks use on designated holidays (e.g., July 4). However, local governments retain authority to regulate fireworks through zoning, permitting, and public safety measures, provided they do not outright ban state-sanctioned activities.
Impact on Residents: The ordinance introduces stricter controls, such as requiring permits for public displays and enhancing enforcement against nuisance-related behavior. While these measures aim to balance public safety and individual rights, they may inadvertently lead to legal challenges for residents who unknowingly violate the new rules.
Defense Considerations: Residents accused of violating the ordinance may have grounds to challenge enforcement actions if:
- The restrictions are not narrowly tailored or infringe on state-permitted activities.
- Enforcement relies on insufficient evidence or violates constitutional protections under the Fourth Amendment.
- Probable Cause & Enforcement Changes Legal Issue: The ordinance allows law enforcement to issue citations or cease-and-desist orders based on probable cause without witnessing the act firsthand. Deputies can now rely on video evidence, sworn complaints, or other indirect evidence.
Impact on Residents: This shift increases the likelihood of enforcement actions based on circumstantial evidence, which may lead to disputes over the validity of the evidence or the probable cause standard. Residents may face citations or legal consequences even if they were not directly observed engaging in prohibited activities.
Defense Considerations: As a defense attorney, I would scrutinize the evidence used to establish probable cause, ensuring it meets constitutional standards. Challenges may arise if:
- The evidence is insufficient or unreliable (e.g., unclear video footage or biased complaints).
- Due process rights are violated during enforcement or citation issuance.
- Future Gaps: Smoke/Stink Bombs Not Covered – Legal Gap: The ordinance does not address non-pyrotechnic disturbances like smoke or stink bombs, which could lead to disputes over whether such actions fall under broader nuisance or harassment laws.
Impact on Residents: Residents accused of using these items may face civil claims or criminal charges under other legal provisions, even though the ordinance does not explicitly regulate them.
Defense Considerations: In cases involving non-pyrotechnic disturbances, I would evaluate whether the alleged actions fall within the scope of existing laws and whether the evidence supports the claims. Residents may have defenses based on the lack of clear legal prohibitions or insufficient proof of disruption or damage.
- Conclusion Orlando’s new fireworks ordinance introduces significant changes that could impact residents, particularly regarding enforcement based on indirect evidence. While the law aims to enhance public safety, it also raises potential legal risks for individuals accused of violations.
Defense Strategy: If you or someone you know faces legal challenges under this ordinance, consider the following steps:
- Document all interactions with law enforcement and gather evidence (e.g., video, witness statements).
- Consult with a defense attorney to evaluate the validity of the charges and the evidence presented.
- Challenge enforcement actions that lack sufficient probable cause or violate constitutional rights.
Paul Ghezzi
Paul Ghezzi is a seasoned criminal defense attorney with over 25 years of experience. After earning his law degree from the University of Florida in 1995, he served as an Assistant State Attorney in both Manatee and Seminole Counties, where he prosecuted serious felony cases, including capital murder trials. His extensive background as a prosecutor has equipped him with valuable insights, making him a formidable defense lawyer. Since transitioning to criminal defense in 2006, Paul has represented clients in a wide range of cases, including DUIs, drug trafficking, and violent crimes, participating in over 100 jury trials with a commitment to pursuing justice for his clients.