Fireworks by Barnitz

Journal story...

MIDDLETOWN

Charges pending in fireworks show

MIDDLETOWN —
Charges are pending against organizers of a Fourth of July celebration in the city’s south end that included an “unsanctioned” fireworks show, Middletown police said Monday.

Police Chief David VanArsdale told the Journal-News that no citations had been issued Monday, “but charges are pending.” The Fourth of July celebration, which was held at a park on South Main Street near Barnitz Stadium, had attracted hundreds of spectators for the pyrotechnics display before police shut it down because organizers did not have a proper permit from the city.

Many residents and those who attended the holiday celebration were still angry and confused four days after the incident over the way law enforcement handled what they called “a positive community event.” Organizers said they have held the event, which includes free food, entertainment, kids activities and fireworks, for the past five or six years without incident or police intervention.

Some accused police and fire officials of “setting up” organizers, as police and fire personnel were present at the celebration throughout the day (a Middletown fire engine even took part in some of the festivities), but never hinted that they were going to shutdown the fireworks show. Others said the “show of force” by police when they arrived on the scene to stop the fireworks was “uncalled for.”

According to witness reports and police, there were at least a dozen or more police cruisers that arrived at the event scene, including six from the Ohio State Highway Patrol and two from the Butler County Sheriff’s Office. The Journal-News could not verify exactly how many Middletown police cruisers were present.

“All of a sudden, a parade of police cars came rushing through the grass at a high rate of speed,” Joya Day-Caldwell, who attended the July 4 event with her children, wrote in an email to this newspaper. “The police immediately began to open the trunks of their cars to put black gloves on. We were scared to death that they were going to begin shooting.

“I was panicked, trying to find my children to get them in the car,” she said. “The action of the Middletown Police Department was not only uncalled for, but unjustifiable and unsafe as well.”

Christopher Caldwell, who also attended the event, added: “I’ve lived in Middletown all my life and I could truly say this is the first time I’m literally ashamed (of the city).”

VanArsdale did not speak directly to the complaints about how his officers responded to the scene, but did say that to allow the fireworks show to go on “would have been an indefensible situation.”

“There is no way we could legally let them (fireworks) happen,” the chief said, reiterating there was no permit. “If we did, it would be a record settlement against the city” if someone was injured.

“I’d rather they be saying, ‘I’m no fun,’” VanArsdale said.

Major Rodney Muterspaw said some community policing was being done at the event during the day, but those officers were not the ones who initiated the 9:17 p.m. call for service that led to the fireworks display being shut down.

Pernell Huff, one of the organizers of the event, said he “understands that was wrong” to not have a permit for the fireworks show. But at the same time, Huff said police could have handled the situation another way.

“If the police are supposed to be a part of the community, we have to get along better than that,” Huff said.

Some have questioned whether this incident will further strain already tenuous relations between police and some African Americans in the city.

Huff said supporters of the event plan to show up at City Council’s next meeting on July 15 and express their views on the situation.

VanArsdale said he planned to meet Monday afternoon with Middletown NAACP President Dora Bronston to discuss how to move forward.

Councilwoman Anita Scott Jones had intended to attend the fireworks, but said there were several police cars there when she arrived. She and her family didn’t try to stay.

“She said she saw a number of officers outside, and officers struggling with someone … so we backed up and left,” said Scott Jones.

She has no thoughts on the incident at this time, saying she “would like to get the details.”

“I think it all warrants looking into,” she said.

Middletown fire Lt. Jon Harvey was on duty Friday night and responded to the park on Engine 81 at about 9:25 p.m. on a report of a very large crowd setting off fireworks. It was the second time the fire department was at the South Main Street park that day.

“We had been there from three to five as kind of public service, letting kids see the fire truck,” said Harvey. When they arrived a second time, Harvey estimated there were well over 1,000 people who had gathered for the fireworks show. Organizers insist there were not that many and the police report indicate between 250 to 300 people were waiting for the fireworks.

“I saw a lot of (fireworks) in the back of pickup trucks,” Harvey said. He added earlier in the day some had been ignited “but no different than what was going on all over the city.”

Of the 237 police calls for service on July 4, more than 100 came after 6 p.m. Of those 100 calls, 11 were for fireworks or some kind of loud noise.

After VanArsdale said no fireworks will be permitted to be set off, and ordered the park vacated, Harvey said he then saw some people go across the street and set off fireworks.

Middletown Fire Marshal Bob Hess said shooting fireworks off not only in Middletown, but in the entire state, is illegal. He does issue permits for professional shows, but only to state-certified pyrotechnic experts.

“Permits are not issued to event organizers but to those who are certified,” Hess said. He added he has an inventory of every shell to be shot and is at the scene during set up and at the show.

There were no permits issued over the three-day July 4 holiday according to city and fire officials. A permit is pending for this weekend’s Ohio Balloon Challenge. Last year, there was also a permit issued for a Labor Day event a Hook Field.

Hess said despite the dangers of fireworks, the fire department does not have the manpower to try to catch amateurs in the act.

1. Dora Bronston, as NAACP President and Council rep has a conflict of interest doesn't she? The city position is not to sanction the fireworks while the folks in this area saw no harm.

2. No committal from Scott-Jones in the story. She needs "more detail". What else is new as she, at times, has a hard time deciding what side of the fence she wishes to be on.

3. Got news for you VanArsdale. There were fireworks going off all over the east end on the night in question. Just a block west of my neighborhood, there was a two hour fireworks show with a large crowd judging by the applause after each fireworks segment. Watched it from my deck. Ya can't just pick on these people if your department let the others, depending on the area of the city discussed, set off unlimited fireworks with no stoppage. It is discriminatory IMO.

Ironic, the crackdown , given the newly appointed city manager, when these folks weren't bothered before. Just sayin'.

Wonder if this would have been stopped if held in the downtown area with the stores open for business?

If our new city manager had any connection with this over the top response then he certainly has started his reign on the wrong foot.

It seems in our cost cutting endeavors everything has been cut to the bare bones. We've lost all of our swimming pools,our All-American Weekend is a thing of the past, half of our parks have vanished,our city can't even afford fireworks on the Fourth of July. If we want to participate in any of these activities we have to go out of town to do it. Such a shame!

It's not what they did at Barnitz it's how they did it. They could have sent one cruiser in to talk with the organizer to tell him that they would shut it down if they proceeded with it. Then if he decided to go ahead, then bring in more cruisers.

The cops acted like a bunch of bored cowboys who wanted to throw their weight around. Gross overreaction.

Send one cruiser? Umm ok

The crowd at the senior citizens group were directed by the police to go to the old Roosevelt school to illegally light their fireworks by the police. After the three cruisers left, the ring master told the group they could go to Roosevelt and light what they brought to the Sr Citizens Ctr.

ASJ doesn't get a pass or compliment. Reserve judgment for what? The fireworks are illegal in Ohio and exposed the city of Middletown to enormous legal exposure. The crowd at the senior citizens center that was dispersed to Roosevelt was within 15 yards of very dangerous fireworks put in the group 5 ft deep, with metal piping.

Its illegal to light commercial grade fireworks. There is no excuse. Chip in, have the city oversee it, or watch Patton, Band of Brothers, Saving Private Ryan, Doc Hollywood,  and call it a night July 4.     

middiemom wrote: my sources tell me it was not as innocent as you all are making it out to be. My sources state that children were throwing firecrackers at each other and passing cars. They also state that there were bottle rockets/ roman candles being shot at each other. I don't think it had anything to do with race. Trash is trash. Be it white, yellow, black,green, or  purple. It is a class issue. You are correct Vet, there was a display in your end of town that night. It was at the old Rosedale school. The difference in the two gatherings was our children were sitting on blankets and had no ignition sources or pyrotechnics of any kind in their hands.  Also no one was arrested. There were hundreds of people there Vet, from all races and classes. The difference is the children were monitored and a safe distance was maintained bud. Let me ask you something else bud. If one policeman showed up at the gathering at the old Rosedale school  do you think he/she could have dispersed the crowd and shut down the event? YOU'RE DARN RIGHT BUD. Why did it take the combined services of the MPD, butler cty pd, and the state troopers to shut down the gathering at Barnitz? I applaude Ms. Scott Jones in reserving judgement until she finds out all of the details.

Mercy! I like the attitude with all the "BUD" comments. You sound as mad as I am most of the time. Are you still a little puckered because I said mean nasty things prior to your little levy passing? You won and got what you wanted for your schools. Let it go. I have.....until the next attempt at wasting more money on the schools with no improvement in sight.

No, middiemom, from a legal aspect, there is no difference, despite your claim, that the Rosedale crowd behaved more appropriately. Legally, neither should have been allowed to happen, be it Barnitz Park or over at Rosedale. As acclaro pointed out, both groups broke the law by setting off fireworks. One was ignored and allowed to happen and the other was gestapo handled. Did a preferred area of town have anything to do with it? Dunno.

If you had a large crowd at Rosedale, and the police ignored your display, just wonder why they made such a big spectacle out of the Barnitz crowd.....other than kids throwing fireworks at cars.....according to your source, which may or may not be factual. Seems to me they would have shut both of them down.

Oh, and mom, just for the record, I was not the one who mentioned officers on scene. Read the posts again for accuracy as to who posted that information.

IMO, ASJ wanted "more information" before making a decision because it is a mechanism used by her at times to either delay a comment or allow her response to die on the vine. If you wait long enough, it will go away and a comment is no longer needed. Clever way of avoiding taking sides. It also labels you as a fence-rider and that's not a good thing in office.

Later mom.

Bud.

lol a-mazing

Didn't Dougie mention something about if someone was hurt during these fireworks can you imagine the law suit to the city. Well he didn't mind getting in other law suits of his own making does he. I guess he can pick and choose which law suits he'll persure.