American Promotional Events, Inc. v. Blumenthal, 285 Conn. 192

Summary

The Supreme Court of Connecticut considered whether the firework known as “Piccolo Pete” qualified as a statutory “fountain” exempt from Connecticut’s general fireworks prohibition. The court held that a qualifying fountain must produce a shower of colored sparks or smoke as its primary or predominant pyrotechnic effect, and that Piccolo Pete’s flame and ancillary smoke did not satisfy that requirement. The court reversed the trial court’s judgment and remanded with direction to render judgment for the defendants.

Holdings

1. Under General Statutes § 29-356(3), a firework must produce a shower of colored sparks or a shower of smoke, not merely some discernible amount of smoke, to qualify as a fountain.
2. A firework is not a fountain under § 29-356(3) unless its primary or principal pyrotechnic effect is a shower of colored sparks or smoke; ancillary smoke or sparks do not suffice.
3. Piccolo Pete is not a fountain within the meaning of § 29-356(3) because it produces only a small amount of smoke, the smoke is ancillary to its flame, and the smoke cannot reasonably be characterized as a shower of smoke.
4. The rule of lenity does not apply because, after considering the statutory language, structure, legislative history, and purpose, no reasonable doubt remained concerning the statute's scope.

Questions Presented

1. Whether General Statutes § 29-356(3) requires a firework to produce a shower of smoke, rather than merely some smoke, to qualify as a statutory fountain.
2. Whether a firework qualifies as a fountain when its primary or predominant pyrotechnic effect is an exposed flame rather than a shower of colored sparks or smoke.
3. Whether Piccolo Pete qualifies as a fountain exempt from the general fireworks prohibition under General Statutes §§ 29-356 and 29-357.
4. Whether the rule of lenity required construction of the statute in favor of the plaintiff.

Disposition

reversed_and_remanded