Ired an opinion written by Judge Rehmeier (Ret), district judge in Cass County, finding that the sale of fireworks is within the definition of interstate commerce and therefore outside the powers of local government to regulate. I also can't remember which city or village was the defendant, but it was in the context of limiting sales to nonprofits only. I know many cities so limit sales, but I have been of the same opinion as judge Rehmeier. I suspect the Omaha City Attorney's office takes a different position, and probably many other city attorneys. In my analysis sale and discharge are two very different issues. Sale is interstate commerce, discharge is not.
Yours sincerely,
Roger K. Johnson
Attorney at Law
4724 Davenport #3
Omaha, Nebraska 68132
Cell: 402-657-0397
rjohnson@rkjohnsonlaw.com
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