Big Bang Fireworks is suing Oviedo after the city shut down its outdoor tent last December for what officials said was the sale of fireworks not allowed under state law or a city permit.
Big Bang’s attorney also claims that the city is now delaying approving the company’s latest request for a new permit to temporarily sell fireworks and sparklers from an outdoor tent at Alafaya Trail just south of West Mitchell Hammock Road before the Fourth of July.
“They have been running him around the tree for 12 days,” attorney Steve Mason said about Oviedo. “And he’s had enough. And I’ve had enough.”
Patrick Kelly, Oviedo’s assistant city manager, said at the advice of the city’s attorney, Oviedo officials will not comment regarding Big Bang Fireworks.
Filed Thursday, the lawsuit asks the circuit court to rule that Florida law permits the sale of fireworks — regardless of Oviedo’s regulations — and that the company should be awarded the “appropriate costs and fees or other relief deemed fair” after its business was shuttered.
In the court document, Mason claims Big Bang has sold its pyrotechnics — including sparklers and fireworks — for years out of a temporary tent in Oviedo, as it does across the state every Fourth of July and New Year’s Eve seasons. And Oviedo has long allowed the sales by issuing the company temporary permits every year, according to the lawsuit.
The company also has a store in Leesburg.
Last October, Big Bang was granted a permit by Oviedo to sell its products from Dec. 15 to Jan. 5 from an outdoor tent at the Tee It Up property on West Mitchell Hammock Road.
But on Dec. 27, a city inspector issued Big Bang a notice of violation after claiming the company was selling fireworks and sparklers not approved by the state of Florida or the city’s permit. Big Bang was forced to close its tent just before the New Year’s Eve celebrations.
Nearly two months later, a special magistrate tossed the case after Mason argued that his client was never provided with a proper citation “specifying the specific code provisions alleged to have been violated.”
The controversy led Oviedo commissioners to consider enacting a six-month moratorium on the city issuing permits for the sale of sparklers and fireworks. That would have given Oviedo a chance to study what is allowed under Florida law regarding fireworks and then update the city’s regulations on permitting outdoor sales of the explosives.
But on April 18, commissioners voted to hold off enacting the moratorium. Even so, city attorneys said they will ask for an opinion from the state Attorney General’s office to clarify to what extent fireworks sales are legal in Florida and how far local governments can go in allowing outdoor vendors to sell pyrotechnics.
Mason said the intent of the lawsuit is to get a ruling from either the circuit court or the Fifth District Court of Appeals in Daytona Beach that fireworks are legal under state law.
“Fireworks are lawful,” Mason said. “Let’s stop with all the silliness and horse nonsense. It’s awful.”