County reluctantly approves controversial firework permits, businesses drop litigation

Yahoo

17-04-2025

CHEYENNE — Laramie County Commissioner Troy Thompson voted reluctantly Tuesday afternoon to approve the permits required to sell fireworks this year for Artillery World and Jurassic Fireworks, something he has opposed for the past several years.
The change of mind came after Frank 'Pete' Elliott Jr., the father of the owner Breanna Elliott, agreed to certain stipulations. These include that he step away from managerial positions, is not allowed within 300 yards of the businesses and drops all active court cases against the county.
'I've been very much opposed to this business being in Laramie County, and I have stated that time and time again over the past seven years,' Thompson said. 'Now we're presented with Mr. Elliott saying, 'Hey, I'm going to step aside and let my daughters do it.' I'm still concerned. I think when you guys say, 'Hey, listen, we have worked in this business since we were 12 years old, and our dad and our granddad taught us what we know,' that, to me, throws up a red flag immediately.'
Elliott said this comment is disgusting, and he claims he is still being discriminated against by the county for being a Colorado-owned business. He said the stipulations he agreed to are not a resolution to the issue, but rather a strong-arm from the county, leaving him no other options.
He said his battle with Laramie County officials is far from over, adding that he feels free to take more action now that he is no longer attached to his daughter's business.
'As Thomas Jefferson once said, 'Whenever any form of government becomes destructive of these ends, it is the Right of the People to alter or to abolish it …' That's not just a quote — that's a warning,' Elliott told the WTE in a text message. 'So maybe they think they put the final nail in my coffin. But if they did … they should've made sure I wasn't still breathing.'
Thompson said he has spoken out against the businesses for being a bad neighbor, a public safety liability and a poor business partner to the county.
When the Laramie County Board of County Commissioners met Tuesday, Thompson said he has witnessed or heard reports of trucks running up and down the road, young people standing on top of tractor-trailers waving flags and people standing in the public right of way with a bullhorn to attract customers to the store.
Elliott described these as unorthodox marketing practices and said he has received no citations from the Laramie County Sheriff's Office as a result. LCSO could not be reached prior to publication to confirm this.
'They can't name one threat. They can't name one person I abused; it's never going to happen. I don't think like that. That's not who I am,' Elliott said.
Prior to the commissioners approving the permit applications for the businesses, Laramie County Attorney Mark Voss read the conditions Elliott agreed to. They are as follows:
* Elliott shall not be present or within 300 yards, travel along Interstate 25 excluded, of the location of the respective fireworks permits and withdraw from operation and management locally.
* Should there be a violation of Condition 1, the applicant agrees that it could be the basis for a revocation of all the permits.
* Should there be an incident in which that allegation occurs, or there's a sufficient violation of the Laramie County fireworks regulations, the commissioners will hold a hearing to consider whether revocation should occur.
* Should a hearing be held, and should the incident result in a revocation at that time, the permits are forfeited immediately, and retail sales are halted.
* Finally, Elliott and or his counsel must dismiss and cease any pending litigation on matters that occurred prior to this.
Elliott did not indicate exactly what he will do next, but said he will seek justice through the judicial system.
The county commissioners approved all five permits submitted by Seasonal Sales Inc. — formerly known as Breanna Elliott, doing business as Artillery Works and Jurassic Fireworks — for the five buildings it operates. Before doing this, County Commissioner Linda Heath said the county will be keeping a close eye on the businesses.
'We will be watching, and next year can be a different story,' she said. 'I encourage you, please follow the rules. I don't want to shut a business out of Laramie County, but at the same time, I don't want businesses to operate with disrespectful patterns.'
Last year, the businesses were denied the permit applications submitted under Breanna Elliott's name. Following this, the Elliotts sued the county over this decision.
In May 2024, the First Judicial District Court of Laramie County issued a preliminary injunction, meaning the businesses could continue to operate until the court passed judgment on whether the commissioners' decision was lawful as part of the petitions for review filed by each company.
At the time, Breanna Elliott said approximately 90% of revenues are generated during the Fourth of July season, and she estimated that, without immediate relief, loss to the companies would be over $2 million.
The Elliotts' legal counsel, Bruce Asay, said that agreeing to drop this ongoing litigation as part of the deal to get permits approved this year shows good faith from the Elliotts to comply.
'The fact that Mr. Elliott and the applicants are willing to forgo and essentially dismiss the pending litigation, I think that's significant,' Asay said Tuesday. 'You don't like litigation on behalf of the public, and we would rather sell fireworks than engage in litigation, so I think it's a significant step forward on both parties.'
Although Frank Elliott said he will continue to fight what he sees as discrimination, he said he was willing to step away from the businesses if it was what is best for his daughter.
'As long as my kids are left alone,' he said. 'I'm Papa Bear; don't mess with my children. That's all I can say. I would hope that any other human being would be the same way when they have children.'