Fireworks have always been legal in Derry
To the editor:
This is a letter to Derry Town Administrator Gary Stenhouse, Councilors Neil Wetherbee, Kevin Coyle, David Milz, Janet Fairbanks, Brian Chirichiello, Joel Olbricht and Chairman Brad Benson.
I am deeply troubled by news that the Derry Police Department took it upon itself to enforce its own fireworks rules, which were in no part supported by town ordinances or town records of such ordinances.
I have a lot of respect for police officers who take their oath of office seriously and enforce constitutionally enacted laws. Such officers should be commended for their hard work and dedication to the law, which is meant to protect equally the life, liberty and property of each citizen. However, when police officers act in violation of the law themselves, this is a grave violation of the public trust, and I think such officers should be censured or punished accordingly.
In this case, I am asking you as my town representatives to censure the Police Department for enforcing a non-existent ordinance, and further, to clarify that fireworks are and always have been legal to possess and use in Derry. We should never pass knee-jerk rules or laws simply because of a request by the local police department. As a town, I think it is our responsibility to promote a free, responsible people who may do what they want so long as it does not severely restrict the life, liberty or property of others. Police should play no role in the enactment of laws; not even in the suggestion of such. It is only their duty to enforce existing laws.
If privately-owned fireworks, when ignited, play a role in the destruction of someone else's life, health or property, then the person who lit those fireworks should be held responsible. It is the role of police in this case to arrest and prosecute the irresponsible party. If the person, upon due process, is convicted in court of the charges, then that person should be required to pay damages to the person or persons whom they have harmed and should pay punitive damages. But, if privately-owned fireworks are responsibly ignited and cause no harm to others, then the town and its police force should leave those people alone to enjoy their life as they see fit.
Permitting, as a practice, treats adults as children governed by an authoritarian state. The idea that a free citizen acting responsibly would need a permit to enjoy fireworks on his or her own property or lawfully occupied property is absurd. The burden should always be on the state or the town to prove a person is guilty of irresponsible or unlawful activity.
A call from a neighbor does not qualify as evidence, as neighbors themselves have been known to trump up charges, so to speak, as an act of vengeance for some perceived wrong. No person should ever be found guilty simply for responsibly acting according to his or her own free will, just because the state or town has not given its OK or because a neighbor is annoyed by noise.
As it is with liberty, some folks will always be annoyed by the behavior of their neighbors and fellow citizens. This is an unavoidable consequence of living in a free society. As a town, state or country, we should not develop a habit of restricting behaviors simply because they are annoying or even because they are perceived to be dangerous.
We should develop and encourage public tolerance toward others who live their life responsibly, even when the act of living freely causes inconveniences to others. The sound from fireworks may be annoying to some, and in fact, it is even annoying to me. But such annoyance is a small price to pay to ensure the enduring liberty of a free people.
I ask you again to confirm by a vote of the Town Council that fireworks are and always have been legal to possess and ignite in the Derry (without a permit) and that the Police Department was wrong to assume otherwise.
ANDREW J. MANUSE
Derry
Police say thanks for donation
To the editor:
The Londonderry Police Department would like to publicly thank the New Hampshire Youth Lacrosse Association, NHYLA, for a donation they have made to the department.
The NHYLA holds an annual tournament in Londonderry, usually during the month of June. The Police Department and representatives of the Lacrosse Association have built a relationship because of the volume of traffic and pedestrians that visit the event each year.
This year, Marc Auger of the NHYLA contacted the department and offered a donation of equipment in the amount of $500. After some discussion of various items that are needed but not budgeted, the department accepted three complete 10-foot by 10-foot gazebos, which will be utilized as outdoor office space during large callouts for service.
The three gazebos will be assigned as follows.
1. Londonderry Police Traffic Accident Reconstruction Team
2. Londonderry Police Investigative Unit, Detectives.
3. The Londonderry ALERT Team.
The units can be set up for outdoor office space which will protect the responders from weather and insects as well as give responders a private place to keep records or perform many other tasks involved with the specific units endeavor during the callout.
This will prove to be a very valuable tool, and the members of the specialized units as well as the department as a whole are grateful for the generous donation.
On behalf of all involved we would like to thank NHYLA.
Lt. Bob Michaud
Londonderry Police Department
