CHEYENNE — After the Laramie County Board of County Commissioners denied a fireworks permit for Jurassic Fireworks and Artillery World in April, some accused the governing body of discrimination, citing it as a civil rights violation.
On Tuesday, the fireworks businesses, owned by the same person, asked the commissioners to revisit their decision. They considered the permit again, and unanimously voted against granting it. Commissioners said it’s a matter of public safety.
“The whole thing that we’ve been through is hell,” said Frank “Pete” Elliott Jr., father of Brianna Elliott, who is listed as owner of Jurassic and Artillery. “It’s one of those books that some people go to their graves with ... and their story never got told.”
Pete Elliott says he has evidence to prove civil rights violations by the county commissioners against his daughter’s companies. However, he has yet to release these alleged recordings.
“Fortunately, I documented it,” he continued. “So, this is going to be a Rosa Parks book. Everybody’s going to know.”
County commissioners recalled personal stories of visiting the fireworks stores and seeing people standing in public rights of way with signs and on tractor-trailers with bullhorns broadcasting slanderous remarks about nearby rival store Phantom Fireworks.
Commissioner Troy Thompson previously described this behavior as obnoxious and being a bad neighbor. While he said he still believes this is true, he said the issue really is one of health and safety.
“It is our job as county commissioners to make sure that our citizens have the ability to drive down the road and not be harassed by somebody in the right of way and to run a business without having their employees be scared for their safety,” Thompson said.
Laramie County Fire Warden Matt Butler corroborated these concerns. He said the use of bullhorns in or near the streets, as well as people standing on tractor-trailers trying to get the attention of drivers, could distract motorists and lead to collisions.
The businesses are located east of the Terry Ranch Road exit off Interstate 25 and are surrounded by other competing fireworks businesses.
Pete Elliott and his legal counsel defended these behaviors, saying that they have never acted illegally and have been responsive to all complaints they have received.
Petra Goldberg is a manager for Phantom Fireworks, and has been working there for around 10 years. She said she has seen Jurassic and Artillery employees practice their unorthodox marketing techniques on highway easements; she has removed people from their showroom who were disturbing customers, removing products and damaging products; and has seen teenage employees not return to work because their parents felt the competition fostered an unsafe working environment.
“Last year, I endured personal pain as they shouted over the megaphone and asked how do I enjoy working for liars and thieves,” Goldberg said.
County Commissioner Linda Heath said, “If I had a young teenager who’s learning to work and entering the workforce, the last thing I want them to do is to be running unethical practices in business. If, indeed, bullhorns are being used, and they’re obnoxious to the neighboring businesses, if, indeed, some of the other complaints that we have heard are true, I wouldn’t want my young son or daughter working for Jurassic or for Artillery World.
“Safety is a concern. These are teenagers, for the most part.”
Criminal defense attorney Dion Custis represents Pete Elliott. Custis said that he had never heard many of these claims Goldberg presented. He asserted that his client has addressed any concern brought forth by local law enforcement or government. He said the root of the issue is a lack of communication.
Custis acknowledged that the county commissioners board room is not a court of law, so not all parties have had the time to take into account all the evidence. He suggested that commissioners not be so eager to believe all the complaints.
Once the validity of the complaints has been determined, Custis said, it is then necessary to judge the lawfulness of his client’s actions. He said he has never been told by law enforcement that Jurassic or Artillery employees ever behaved unlawfully.
“(He can’t be told) by law enforcement that he is acting under the law in these certain situations, and then he’s denied a permit, because he thought he was acting under the law,” Custis said.
“These are basically advertising practices that they’ve employed; they try different things,” he continued. He likened the marketing tactics to that of car washes, where people may be standing on the side of the street with an advertisement sign.
Thompson quoted a letter commissioners received from Custis stating that “there are many constitutional problems with the commissioners’ apparent reliance upon third-party complaints, which have never been proven or noticed or an opportunity to respond.” Thompson responded, stating that because they are not attorneys, but rather representatives of the public, it is their duty to make decisions based on the information they are given.
Briana Elliott and Bruce Asay, her lawyer, argued that the commission should not act on rumors, as no negative public comments were provided at the public hearing on the permit decision. Briana Elliott said her businesses contribute to the public through donations and to the county through “hundreds of thousands of dollars” in sales tax. As for her marketing strategies, she said they need to act competitively, as they are surrounded by competing firework businesses.
Goldberg said Phantom works collaboratively with the surrounding firework businesses, but not Brianna Elliott’s.
Pete Elliott argues that they are discriminated against because they are a Colorado-based company, and they market that visibly on a large sign on their building.
County Commissioner Gunnar Malm said the argument of discrimination is invalid because the competition surrounding Jurassic and Artillery is not Wyoming-based, either.
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