YOUNGSTOWN Fireworks-store ruling lights B.J. Alan's fuse

The Youngstown fireworks retailer continues its effort to stop a competitor from opening new stores.
By DON SHILLING
VINDICATOR BUSINESS EDITOR
YOUNGSTOWN -- Two companies say they are considering fighting a court decision that would prevent a Jefferson County fireworks retailer from moving into Mahoning County.
Safety 4th Fireworks of Stratton, Ohio, says the ruling goes too far. B.J. Alan Co. of Youngstown, which operates Phantom Fireworks stores, says the ruling doesn't go far enough.
Both sides have two weeks to object to the decision issued Thursday by Magistrate Eugene Fehr of Mahoning County Common Pleas Court. A judge would review the decision if an objection is made.
At issue is a legal settlement between Safety 4th and the state fire marshal that would allow the company to relocate three fireworks stores any place in Ohio.
Lawsuit
B.J. Alan filed suit in Mahoning County against the state fire marshal, asking for an order stopping any relocation.
If it stands, Fehr's decision would grant a preliminary injunction, preventing a move to Mahoning County while the lawsuit is pending.
William Weimer, B.J. Alan general counsel, said the company is considering objecting to the decision because it wants the order to cover the rest of Ohio, not just Mahoning County.
B.J. Alan contends that Safety 4th should not be able to move its stores because the state has a moratorium on any new fireworks stores, unless it's in the same city or township.
Weimer said it would be unfair if Safety 4th were permitted to open new stores because B.J. Alan has been investing in its current stores under the belief that state law prohibited it from moving to more desirable locations, such as those nearer to highway exits.
B.J. Alan also says the fire marshal should not have permitted Safety 4th to transfer its licenses because complete plans weren't filed with the transfer request. Reaction
Sam Abdalla, who owns Safety 4th, said he doesn't intend to move into Mahoning County but he still doesn't like the magistrate's decision. It could be used by B.J. Alan as a legal precedent to stop him from opening in other counties, he said.
His company's position is that it should be allowed to move licenses for stores in Carroll and Harrison counties because requests for those transfers were filed before the moratorium took effect.
shilling@vindy.com