Illegal Fireworks
Dear Editor: A few nights back, there were twin-detonations in my neighborhood that, from the overpressure, suggested ordnance, not fireworks. That event got me to thinking about our General Code’s prohibition on these devises, found in Chapter 24. Prior to the Assembly’s passage of this ordinance, I wrote to them that I thought it unenforceable, reasoning that, because violation of the ordinance is a misdemeanor, it would only be enforceable by law enforcement if observed directly by their personnel.
At least one member of the Assembly at that time told me that the ordinance would be enforceable, and that I needed only ‘‘give it time.’’ Sufficient time has passed for me to have done so, and, as it stands, I know of no citations written by police for illegal fireworks use in Sitka.
From a justice system standpoint, the avenue of citizen’s arrest in Alaska is a dicey, nerve-wracking and questionable undertaking, and probably does not fit this situation. If you care not a whit about fireworks, read no further. Otherwise, if you are weary of disturbed sleep, frightened children or pets, or possible property damage from fireworks in Sitka, you are not without resort. Consider the tort bar.
A tort is a civil wrong, and a generally recognized tort is that of ‘‘nuisance,’’ broadly defined as the action of one person depriving another of enjoyment of property. Certainly prohibited fireworks use could well fall into this category. It would not be difficult to gather sufficient evidence, such as video recording from a cell phone, to underpin a suit brought in small claim’s court or larger civil venue. Because this is a civil action, a successful claimant could be awarded damages, and perhaps even court costs; we all know that nothing teaches like pain, and for some people nothing is as painful as a punch in the wallet.
Charles B. Dean, Sitka
Earth Day
Dear Editor: This year is the 50th anniversary of Earth Day on April 22. “We only have one earth, so we need to take care of her.” That’s what Sen. Gaylord Nelson of Wisconsin believed in 1970. He was already disturbed that an issue as important as our environment was not addressed in politics or by the media, so he created the first Earth Day on April 22, 1970. Now, hardly a week goes by without the Daily Sitka Sentinel publishing some report of a climate-related disaster. But we still lack Sitka and federal policies that address the urgency of response to our earth’s warming.
Many people have taken personal actions to lower their contribution to greenhouse gas emissions, such as eating local foods, using electric cars and heat pumps, recycling and composting, and contributing to carbon offset funds (www.sitkacarbonoffset.com). But individual actions are not enough to keep the earth from warming 1.5 degrees Centigrade above pre-industrial levels. We are higher in Alaska than the global average of 1.1 degrees and already experience alarming changes in our fisheries, ocean acidification, severe weather, and fires. All these will get worse with another increase of 0.4 degrees. The Intergovernmental Panel on Climate Change says that we need to keep our earth’s warming to 1.5-2 degrees above pre-industrial levels within 11 years to avoid catastrophic and irreversible changes on our earth.
A first step in federal policy that will immediately decrease fossil fuel emissions would be to place an increasing fee on carbon from burning fossil fuels. This allows the market to stimulate a transition to cheaper sources of energy that are carbon-neutral without regulation. All economists agree that increasing fossil fuel costs will lower use and are justified to account for the damages caused by emissions on our health and global warming.
Of the 10 bills currently in the U.S. Congress addressing a price on carbon, we favor the Energy Innovation and Carbon Dividend Act, HR763. This bipartisan bill allows the Treasury to collect a fee from the small number of fossil fuel producers and protects the majority of U.S. residents from increased prices with a monthly dividend returned to households.
Over 175 countries throughout the world celebrate Earth Day, which has become an opportunity for action. A simple way to express your climate concerns for federal action is to call our congressional delegation once a month, asking for their urgent support of climate bills. Citizens Climate Lobby makes this easy by signing up for reminders at www.cclcalls.org.
For local action, encourage Sitka Assembly and School Board members to support initiatives for action and adaptation to a rapidly changing world.
Toby Campbell, Kay Kreiss,
Sitka Citizens Climate Lobby
