A Tennessee Court of Appeals judge ruled Tuesday that there is not enough evidence to move forward with a lawsuit that challenges the constitutionality of a state law allowing the sale of fireworks in East Ridge.
In his opinion, Judge Charles D. Susano Jr. affirmed a lower court’s ruling that residents and retailers failed to prove harm caused by the stores and dismissed the lawsuit, sidestepping the issue of the law’s constitutionality.
“It is sheer speculation to say that some hypothetical fireworks store will impact the [citizens’] business, or lower their property values, or raise their insurance rates,” he said.
East Ridge residents and regional retailers said in their lawsuit that the law, which went into effect July 1, permits illegal competition, and that the sale of fireworks will diminish quality of life in the city.
The law allows for the sale of fireworks in the city of East Ridge, despite the fact that a previous Tennessee law bars the sale of fireworks in counties with a population of more than 200,000. Hamilton County’s population is 336,000.