Dennis R. Massengale et al. v. City of East Ridge

The plaintiffs in this case allege that they are adversely affected by a statute that legalizes the sale of fireworks inside the city limits of East Ridge, despite a general ban on the sale of fireworks in any county with a population of greater than 200,000, e.g., Hamilton County. They allege that the statute is unconstitutional. There are two distinct groups of plaintiffs (both groups being collectively referred to as “the Plaintiffs”). One group alleges that they are residents of the city and own property or businesses in the city (“the Citizens” or “the Citizen Plaintiffs”). The Citizen Plaintiffs allege that the sale of fireworks will result in diminished property values and an increased risk of fire or explosion with attendant increases in fire insurance premiums. The second group alleges that they are either in the business of selling fireworks, or are members of a purported “association” of persons or entities in the business of selling fireworks (“the Sellers”). They allege that they have put forth much effort and expense to establish businesses outside East Ridge, where fireworks sales are legal, only to see their efforts thwarted by the enactment of an unconstitutional statute permitting illegal competition. The Plaintiffs moved the trial court to enter judgment on the pleadings by decreeing the statute to be unconstitutional on its face. Instead, the court dismissed the complaint for lack of standing, but did so without prejudice. The Plaintiffs appeal. We affirm.