in the land of the free

[cluebyfour]

Freedom isn't free, nor is it cheap:

Katy teen Stephen Gegenheimer had just bought $50 worth of roman candles and fireworks Monday afternoon and was headed home to set them off in his front yard when he spotted flashing lights in his rearview mirror

Comments

[flainn]

If I were him, I wouldn't worry about it too much, especially if he has a clean record. Most likely a judge would toss it.

[cluebyfour]

Why would a judge do that? Maybe simple possession is illegal, no exceptions, even if you're just passing through. The way the city is enforcing the law, however, amounts to harassment.

[flainn]

In my experience, most judges are quite reasonable about what the public perceives to be a stupid law. If you take the time to shower, put on a halfway decent-looking outfit, and go down to the courthouse at your scheduled time, usually the judge is inclined to be receptive and reasonable - especially if you have no prior record. It would certainly be worth a shot, and at worst he'd waste a bit of his time and have to pay the fine anyway.

That, or go the old-fashioned route and get the law changed or an exemption written in. Surely there's court precent somewhere about easements and grandfather clauses.