CHEYENNE, Wyo. — On April 16, Laramie County commissioners denied the fireworks permits requests from local business owner Breanna Elliott. The decision appeared final. However, on Tuesday, Elliott attended the Board of County Commissioners meeting in person inside the Laramie County Historic Courthouse, and she wasn’t alone.
Elliott, who operates the businesses Jurassic Fireworks and Artillery World on Interstate 25, was accompanied by two lawyers at the commissioners’ regular biweekly meeting. During the meeting, commissioners took up Elliott’s request for reconsideration regarding her denied permit applications. Heated arguments arose from both sides, including allegations of unsafe work conditions, intimidation and threats.
The fireworks permits were initially denied in April, when commissioner Troy Thompson stated he believed Jurassic and Artillery “haven’t been a very good community partner.” Thompson revisited these points on Tuesday, claiming people associated with the fireworks businesses regularly use a bullhorn to attract attention, obstruct traffic, berate and intimidate nearby competitors and stand atop moving tractor trailers to attract customers.
Buck Holmes echoed Thompson’s sentiments, stating that the sheriff’s department has been called out to the businesses on I-25 over the years due to raucous behavior.
Defense for the business
Cheyenne-based attorneys Bruce Asay and Dion Custis, both representing Elliott, appeared inside the Commissioner’s Board Room in Cheyenne on Tuesday to contest the elected officials’ decision. Asay was first to take to the podium. He stated that Jurassic and Artillery have been abiding by county regulations and that any concerns from law enforcement, neighbors or nearby fireworks competitors have been addressed over the past year.
“Our position is that once we go through the application process — and if the application process shows that we have complied with the application, including a legal review of insurance — that we are entitled to approval,” Asay said.
Criminal defense attorney Dion Custis further pressed the commissioners to reconsider their decision. He said Breanna Elliott and her father, Frank “Pete” Elliott, feel discriminated against and haven’t been given a chance to respond to concerns or allegations. Custis also asserted that the father’s and daughter’s advertising practices are not dissimilar to those one might encounter at a car wash.
“I think one of the major issues here is it’s just a miscommunication,” Custis said. “I certainly will advise my client what is acceptable and what’s required of him under the law and even this board. But he hasn’t been told that. … And so that’s why we were surprised and shocked to hear that the permit wasn’t being granted at this last hearing because we had not heard of any complaints at that point in time.”
In a letter to the commissioners, Custis also argues that the commissioners’ denial of the permits represents a constitutional problem because the board’s decision relies on third-party complaints.
Breanna Elliott also provided her own statement to the board. Speaking in defense, she said her business has attracted customers to the area and generated hundreds of thousands of dollars in revenue for the local economy. She also touched upon her shops’ advertising practices, stating she operates in a competitive environment and has to attract customers to her outlets.
“While there are allegations in the past year, we received no citations and were advised that we were operating appropriately,” Breanna Elliott said. “The sheriff’s office has confirmed that we are acting within the confines of the law. … As there [was] no adverse public comment and we have complied with the application process, I request that our application be approved.”
Immediately following Elliott’s speech, a representative from Phantom Fireworks, a local competitor, gave her own testimony working next to Jurassic and Artillery over the past several years.
Allegations and county official statements
Lawyers and local business owners attended Tuesday’s Laramie County Board of County Commissioners meeting to discuss the rejection of several fireworks permits in April. After hearing arguments on both sides, Phantom Fireworks manager Petra Goldberg voiced her complaints about Jurassic and Artillery. She said employees of the Elliotts have berated, shouted at and physically intimidated her employees. Some have had to be walked to their cars because they felt unsafe, she said.
“Five years we have endured this,” Goldberg said. “Before this, we have never had any issues with our competitors, ever. … Enough is enough. We have endured a lot.”
The Board of County Commissioners were ultimately unmoved by Elliott’s, Asay’s and Custis’s arguments. Commissioner Thompson said the fireworks shops’ activities represent “an established pattern of behavior” over years. He added that the complaints brought forward are a matter of safety and public welfare.
“I made the mistake at our last meeting of saying this guy’s got obnoxious practices that annoy the neighbors,” Thompson said, “but I would tell you it’s not about obnoxious marketing; this is about health and safety. And 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 someone in the right of way — to run a business without having their employees be scared for their safety. And so for me, this is a no, and it’s a solid no.”
Like Thompson, commissioners Holmes and Heath voted against the permits, citing the safety components and business practices discussed.
Commissioner Gunnar Malm, who voted to approve the fireworks permit to Artillery at the board’s April meeting, walked back on his support. According to Malm, the commissioners received an email from Frank Elliott after the board rejected permits for Jurassic and Artillery. Malm said he believes these emails were attempts at intimidation.
“I was willing to try and put some restrictions on a permit last time for one of the operations and see if they could be good operators,” Malm said. “We can disagree about the tone of the emails and if it was truly a threat, but in my opinion, I felt that they were. And so it’s very hard for me to sit up here and see that kind of thing come across the desks, or the emails, of my colleagues and still feel as if this person — who is associated with the applicant — would be a good representative of a business in our community.”
Aaron Veldheer, chief deputy of Laramie County, said at the meeting that an active criminal investigation is in development pertaining to the emails. Commissioner Brian Lovett responded to Cap City News’ request for comment on the nature of the emails, stating the board is unable to provide further details at this time.
Cap City News reached out to Frank Elliott for comment. Elliott said he and his family are disheartened by the commissioners’ decision.
“The pain is deep from the last five years of going through this stuff,” Elliott said. “We’re very, very sad as a small family business. … There’s light at the end of the tunnel, and we hope the best for all the commissioners and everyone involved.”
