My local fire department has been taking a beating over the last month all across the country. Its crazed fire marshals are accused of tyranny, power-tripping, and being domestic terrorists. And those are some of the nice comments.
So what awful thing did the FMs from the Fairfax County (VA) Fire & Rescue Department do? They did their jobs.
If you are not aware, on July 24th the fire marshals arrested two bartenders they caught in the act of lighting a bottle containing a flammable liquid and a wick. The bartenders are accused of then using what some might call a Molotov cocktail as a source of ignition for their fire breathing demonstration. It’s a trick they’ve apparently done for years at Jimmy’s in Herndon.
I say good job by the fire marshals. A crowded bar is not the place for anyone to play with fire.
There are many videos on YouTube showing off similar skills of ”talented” bartenders from the United States and around the world. In June I posted one to go with a story of a bartender in New York’s Chinatown who was arrested after his flaming bar tricks showed up on “The Real Housewives of New York”. In fact, one of the videos I found was from a big city bar I am familiar with. I sent the link to that city’s fire chief, who forwarded it to his fire marshal, who I am told is now a regular visitor to the bar.
So, I am glad my tax dollars were put to good use in Herndon that night. But I am apparently in the minority. Most who have written about this believe the arrests are another example of the “nanny-state”.
The owner of the bar seems to be quite politically connected. Some of our local leaders are now looking closely at the work of the fire marshals. Everyone seems outraged the bartenders were charged with felonies that could result in 45-years in prison.
Once again, I say good. From what I see there are too many bartenders playing these little fire games for their customers. Even if convicted, I am sure these guys weren’t going to jail, but an example needs to be set.
The local prosecutor pretty quickly dropped the felony charges, but the outrage over the actions of the fire marshals continues. The latest to give us his views is the man who represented the 7th District of Georgia in the U. S. House of Representatives from 1995 to 2003 and was the Libertarian Party nominee for President in 2008, Bob Barr.
Bob Barr thinks the person who originally tipped the fire marshals to the bartenders’ antics is a “busy-body”. Well Bob, then I guess I am also a “busy-body”. Not only did I rat out a bar doing similar stupid bartender tricks, I have called fire departments on locked exit doors at public facilities and even brought the fire marshal of the Nation’s Capital to a grossly overcrowded restaurant at the very moment Barack Obama was being sworn in. (Before the words “So help me God” were spoken Chief Gary Palmer, another “domestic terrorist”, had the restaurant cleared, doors unlocked and the manager’s head swimming.)
Mr. Barr, would I have been a “busy-body” if, at around 10:00 PM on February 20, 2003 I had been a customer in The Station nightclub, noticed the band Great White setting up their pyrotechnics and called in the West Warwick, Rhode Island authorities?
I am sure a person with views similar to yours would have looked at me as a party-pooper or being, as you call it, ”freedom unfriendly”. If someone at The Station had been able to make such a call that night I am certain there would have been some other unpopular fire marshals. There also would have been 100 lives saved.
By the way, here’s the video from The Station I would like you to watch. After a few viewings let me know what you think about open flames in a nightclub or bar. Maybe we could set you up to talk to some of the relatives of the people whose faces you will see about your definition of “freedom”.
Mr. Barr, you accuse Fairfax County officials of wanting to “arrest as many average, law-abiding citizens as possible in order to ensure as little fun as possible”. I’m sorry, but I just don’t look at playing with fire like this as ”fun”. I see it as a potentially lethal activity. I also see my local fire marshals as heroes for trying to put a stop to it.
Also on STATter911 …
- An I-Team exclusive: Deputy chief drops drawers. Really? – November 16, 2011
- Quick Takes: February 28, 2011. – February 28, 2011
- UPDATED – No surprise: Media asking questions & Macon-Bibb County chief looking for answers in gunman scaring rookies prank. Chief is ‘deeply saddened’ by video. – September 19, 2011
- Virginia joyride makes international news. Local TV focuses on the cop & underage drinking angle. – March 8, 2011
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DAMN RIGHT! Dave, you’re absolutely correct. Why do people assume that someone’s rights have been violated, before they even finish reading the story? Mr. Barr needs to go to an autopsy of a fire victim, then decide if he wants to stick his two cents into something he knows little, if anything, about.
I agree with you Dave. Years ago my son was badly burned while fueling a lawn mower and spent two months in the burn unit. Mr. Barr only needs to pay a visit to a local hospital burn unit to understand the pain and sufering of both the victim and the victim’s family. I’m sick of politics. May Mr. Barr “burn in Hell”.
You know this one if frustrating and good to hear someone is willing to speak up. Isnt’ this the new moto of DHS? See something, say something? Well thanks for saying something. If you hear the FM’s need help, I’m in…..
That video is damn hard to watch even though we’ve all seen it time and time again. Mr Barr is obviously suffering from rectal-cranial inversion. Next time he runs for office, his opponent should make good use of this non-sense.
Give em hell Dave, Barr is just another 2 bit pol. trying to place people in danger
This is the same goof that alluded to personal freedoms are being taken away by Carnival Cruise lines in the same blog; “Cruise-line tobacco police”… “The question is, why should people be permitted to enjoy themselves beyond the 12-mile limit, when doing so is becoming increasingly difficult on dry land?” http://blogs.ajc.com/bob-barr-blog/2010/07/30/cruise-line-tobacco-police/?cxntfid=blogs_bob_barr_blog
Well Bob as you can read in the attached link smoking and discarding tobacco products are inherently dangerous on cruise ships. I think Carnival’s history has proven a reasonable fear for the people it provides service to enact such restrictions. Important note second paragraph… “One of the most publicized incidents involved Carnival’s Ecstasy (left) in 1998 when it caught fire shortly after leaving the port of Miami. If the fire had occurred thirty minutes later there would have been no fire boats to extinguish the flames.” http://www.cruiselawnews.com/tags/cruise-fire/ Imagine the tragedy if it was beyond the 12 mile limit.
I’m all for sponsoring a Christmas cruise for Bob Barr with the Great White Band as the onboard entertainment http://en.wikipedia.org/wiki/The_Station_nightclub_fire . I’m sure we could find a wooden ship that is free of all life safety codes that restrict the freedoms he states are being taken away by the “Nanny State”. Anyone join him, can sit back and enjoy a fine cigar with Bob tossing it over the side of the ship when you’re done. You will have to pay for the first round of shots as the second round of flaming shots are hopefully on him. I’ll supply the 1940’s Christmas lights free of fire code or life safety regulatory standards warning labels… http://www.youtube.com/watch?v=xWLFHXTHbtg
Dave,
Thanks for being on point for a subject that some interpert as an intrusion on personal freedoms. Public Safety Officials are charged with the safety of the public at large and must make decisions to guarantee the safety of patrons in Public Assembly establishments. A quick review of some of the greatest loss of life show fire code violations in buildings of Public Assembly. As you stated had you or I been in attendance at the Station Night Club the local Fire Department would of been called and perhaps a far different outcome. I also am on record for not allowing overcrowding at a National Fire Department sponsored event and cut off admission until the problem had been mitigated. We must apply all the rules equally for both private business and government functions. Keep up the great job and the desire to bring to the front issues that effect public safety.
Retired Fire Marshal
Thank you for the kind words Gary. I have learned from people like you. When I notified the DC Fire & EMS Department about locked doors and a shoulder to shoulder jammed packed restaurant at the Verizon Center on Inauguration Day, I expected a fire inspector would show up at some point during the day. Afterall there was a lot going on. Instead, within two minutes I see the DC Fire Marshal walking out of the warmth of the fire operations center at Engine 2, crossing the bitter cold street and instantly correcting a very dangerous situation. It was not a popular thing that you did putting people out in the cold as the new President was taking the oath of office and in the process pissing off a business owner at an important location in the Nations Capital. But similar to the FMs in Virginia, it was the right thing to do. Fire inspectors will never get the credit or the glory and will be looked upon as Scrooges by the general public. We should never forget, and Bob Barr should be wise enough to know, those who do that kind of work also save many, many lives. They will always have my respect and admiration. I hope you are enjoying retirement.
Dave
Dave,
This nation and the world are a better place when people with a pair of brass ones have the moral fortitude to do what is right.
Thanks for moving the pieces forward on the board game of life, unfortunately there are too many Bob Barrs in this world.
All my best,
-TG
I guess we can’t ride rollercoasters or skydive anymore. We all have a choice to go where we please. The article says that this has been going on for years and everyone knew about the show. I guess people are going to say that they were not warned about the possiblity of what MIGHT happen. No more fireworks shows on Fourth of July. You people have gone crazy. The funniest part is that you will rally for Glen Beck.
Amen.
Enough said. Great job again, Dave!
Whoa, whoa, whoa, folks, take a breath. I don’t think people are too upset that the fire marshals were doing their jobs, or that the bartenders were told to stop their fire shows. I think what upsets most, at least me anyway, is the way in which the law was suddenly enforced. You have an activity that has been going on (safely) for years. All the patrons are aware of the activity, whether they realize the danger or not. Suddenly, with no warnings, the bartender is arrested and faces felony charges and possibly jail time? I view this as akin to suddenly enforcing a law that has been on the books since the 1800′s but is no longer enforced. While being ignorant of the law is not an excuse for violating it, I’m sure if the bartenders were told to stop, or issued a ticket, or received some kind of warning, the activity would have been stopped. At least restaurants are given warnings that doors must be unlocked while occupied by the public. It is the sudden and harsh punishment with no chance to stop the activity that upsets people. Heck, even the police give people a warning most of the time and I’m sure the fire marshals involved also give out many warnings. Did I miss that part of the story?
Nice job Dave. I dealt with clowns like this on a regular basis for over 30 years. I can assure you that had something tragic occurred, Mr. Barr would be leading the pack screaming for the Fire Marshal’s head on a platter. The Station, Happyland, Beverly Hills supper club etc., the list goes on and will continue…unfortunately.
Thank you Jeff. Thank you for fighting the good fight. I understand how unappreciative many folks are on things like this.
Statter
Dave, once more you have brought to attention stupidity of the highest proportion. I don’t know whether we just are stricter in enforcement up in Canada or just have less tolerance for foolishness. In all my years we have never had one of these horrific huge loss of life scenarios in night clubs, etc. but a call very early in my career always remains with me to this day. For anyone who has experienced the screams of people trapped and burning alive, with nothing you can do to change the outcome we understand. The glaring part of the whole scenario is the archaic penalty and charges they had to lay (no choice, that’s what is on their books), the owner surprise is politically well connected and by his own admission this has been going on for several years and by the good graces of god he has gotten away with it.
Here in Canada he would be culpable to endangering the welfare of all within his own establishment. In checking with some other provincial Fire Commissioners we all have similar “no live fire within” rules and all intent has to be vetted with permits. Why do we have fire inspectors anyways?, oh yes to keep people alive and safe in the first place. I realize the galvanizing point here with many was the ridiculous jail term assigned to the charges, did it make it right?. One of our missions in the fire service of North America is to protect those who need it most, yes even the dumb and dumber versions. Its what we do, kudos to the brother’s who did the correct thing, hopefully someone learned something, if not the real tragedy is somewhere down the road a Statter911 column will read, tragically 43 people perished!!!!!! last night in XYZ town. History repeats itself, again!, lessons learned zero.
You are a credit to us all Dave, this calling of yours, you perform for us is immeasurable. Thanks from the north.
Perhaps after viewing footage of The Station disaster, we can ask Mr. Barr to visit the pedatric wards of burn centers so he can see how harmless playing with fire is. Perhaps Mr. Barr would be enlightened by visiting burn victims who also thought playing with fire was nothing more than mere “fun”.
Kudos to you Dave. Kudos for standing up and speaking out.
How unfortunate it is that Mr. Barr has nothing better to do – and this nation has no geater problems – than defending a couple catastrophe-risking and reckless pyromaniac bartenders.
Standing up & doing the right thing always isn’t the popular way to go, but it sure as hell is here! Again Dave, not being afraid to “shake the tree”. Another reason I have been a fan for years & use your stories to help train my crews.Barr needs to go & talk with some of the survivors, see what they think about their “rights being infringed on”.
Sorry to rain on Chief62′s parade, but unfortunately Canada has also had its share of tragic club fires.
1972 Montreal, Blue Bird Cafe/Wagon Wheel Bar, 37 dead, arson. 3 men were refused entry to the upstairs bar, set fire to the main stair; precursor to Happy Land…
1980 Chapais, Lion’s Club New Year’s Eve party at a community hall: “…21-year-old was toying with a cigarette lighter near Christmas decorations that burst into flames near the club’s entrance…” 48 dead.
1927, 77 people [children] perished in the Laurier Palace Theatre Fire; carelessly discarded cigarette, locked exits, inward-swinging doors.
…. stupidity knows no borders.
I think Anon September 7, 2010 @ 7:29 am has the story a tad more in perspective here.
This kind of event had been going on for years and years and it was obviously a known practice and then the fire marshal shows up and throws the book at them.
I mean, seriously, 45 years???
Let’s take a look at the charges: with manufacturing an explosive device, setting a fire capable of spreading, and burning or destroying a meeting house.
They didn’t manufacture anything, they lit a legal substance on fire. Besides, it didn’t explode.
They didn’t set fire to anything other than the liquid.
And they didn’t burn or destroy a meeting house.
Sure, they violated some fire codes, for which they should be properly punished.
I understand the felony charges were dropped, so at least there is a prosecutor with a brain in Fairfax.
BUT, how about we take a look at the delinquency of the fire marshal’s office for allowing this practice to occur for 13 years. Where is the outrage at this failure?
It gets better after reading more. This tavern is ACROSS the street from a fire station???? But we as the fire service are righteously indignant of the business owner for allowing this to go on for 13 years WITHOUT a single warning or visit?
Come on, let’s use our brains here (since the fire marshals didn’t). You really want me to believe not a single member of the Fairfax County FD was aware of this practice? But we rip the business owner a new one?
Here’s a quote from the business owner: Cirrito said he has never received a warning from the fire marshals, and he would have stopped if marshals had given him a warning.
I think we need to remember who we are working for and who is paying our salaries. This does not mean we overlook safety issues, but we need to work with these people–especially in this economy–as opposed to using these truly Gestapo-like tactics on business owners.
So, will all flaming foods and birthday cakes and the like be outlawed?
FWIW, I too have pointed out locked doors in public establishments and other violations, but the response to this story is focused in the wrong direction.
This is a situation that has no winners. You are damned if you do, damned if you dont. These people complaining about their “rights” etc are the same jackasses that would be screaming when a major fire killed a bunch of their friends or constituents. Barr would likely line up for face time on some congressional inquiry if a station like fire happened in his area. Like one poster said….stupity knows no borders…but it does seem to occur at an alarmingly high rate in Georgia politicians!
Dave I’m with you. One of the reasons New Jersey has a tough fire code is the Haunted House fire at Great Adventure and the Hackensack car dealership fire which resulted in tragic loss of life both to civilians at Great Adventure and five brothers at Hackensack. Bob Barr needs to walk in our shoes before he issues statements like he did on his blog. As a retired Ass’t Chief and former inspector, I applaud you and thank you for standing behind inspectors and fire marshals who do a most unglamorous but most important job, those inspectors in Fairfax Co are true heros for doing what they were paid to do.
Kudos to Dave for calling the Herndon establishment out on this one. It is one thing to support small business owners, but another to excuse reckless behavior.
To Anon and Mark, the “lax enforcement” excuse is completely bogus. I suspect you’re the same folks who do 50 mph in a 25 mph zone and whine because a cop finally gives you a ticket for being a speed demon.
The law is the law, and every kindergartner knows that you don’t play with fire. This is not some arcane section of law that these guys violated – they set off what amounts to a Molotov Cocktail in a very crowded bar and according to news reports caught a piece of the bar itself on fire. The photos of these “tricks” are now widely available on the Internet, and I encourage you to find them. The flames these guys “breathed” look like something out of a flamethrower.
I may agree from a legal standpoint that felony charges were not warranted, but these guys have been repeatedly committing illegal and dangerous acts, and the mere lack of prior enforcement does not then give them an automatic right to be given a warning for being stupid.
But let’s follow this line of reasoning. Do we now have to give warnings for reckless driving? DUI? Spousal abuse? Where does it end? I guess Anonymous would argue that if you drive drunk every night and don’t get in an accident, you are driving drunk “safely” and should be let go with a mere warning.
By the way, I live near Jimmy’s. In all those years, I did not know that this was going on (mostly because I usually wasn’t in there at midnight). With thousands of establishments to inspect and tens of thousands of residents to protect, I’d be willing to bet the fire marshal and the firefighters didn’t know either.
@Herndon Resident, try over a million residents to protect.
The way I see it, is that even if the Fire Marshall knew it was going on for 13 years and hadn’t done anything, the moment someone reports it to them, I’m guessing it was a complaint from the letter sender, they ‘re required to act on that.
I’ve also gone to Jimmy’s more than a few times, and I’ve never heard of this happening.
Let the investigators do their jobs, before they have to use the guys that are “right across the street”
Herndon res, have you ever operated a business? Or even been a manager of any type?
Do you have the slightest idea of how many laws, rules and regulations there are to follow by any business?
I do own a business, and I will tell you even if I hired one person to advise me on all the laws, rules and regulations I am to follow, it would be impossible to do any work at a profit. Would you like a list?
Dept of Labor
Dept of Treasury (state)
Dept of Treasury (city)
Dept of Treasury (Fed or IRS)
Dept of Ag (state)
EPA (fed)
MIOSHA (state)
EEO
DOT (fed)
MDOT (state)
Township zoning etc
MI DNRE
I’m sure I am missing at least one or two departments.
I am not trying to say that ignorance is an excuse. I am saying that even the most well-intentioned citizen or business owner is guaranteed to break laws on a regular basis because our gov’t has tried to turn this great country into a nanny state.
You will notice that nowhere did I agree with Mr Barr on this specific issue. I have seen fire victims before and it isn’t pretty.
But to totally ignore the fact that this establishment has been performing this act for over a decade without anyone in the FD ever knowing or saying anything about it, is beyond belief. Especially when there is a fire station across the street. And on top of that, instead of acting like humans that make mistakes, these fire marshal(s) arrest these guys and charge them with absolutely ludicrous felony charges instead of talking to the owner of the establishment and explaining what they are doing wrong and how dangerous it is. The following up on it the next week or two to make sure they are in compliance.
Anyone with just a few gray cells will readily admit that the felony charges are beyond ridiculous since none of these occurred. And Resident, if you read closely enough, they burnt a paper airplane, not part of the structure.
I would also ask then, will birthday candles and every other flaming meal be outlawed and the same charges be lodged against the servers in those restaurants?
No, they didn’t set off a Molotov cocktail, because those are in containers and are designed to ignite something.
We also need to keep in mind, if that tavern wasn’t there (or any other business) the fire marshals would not be needed. And like it or not, that tavern owner IS paying that fire marshal’s salary.
It appears there is some contradiction occurring in this story, when you start looking deeper.
http://www.thenewamerican.com/index.php/usnews/crime/4357-hot-time-at-jimmys-old-town-tavern
Towards the bottom of this article it says:
“It seems that this bar trick has been going on for a long time with the knowledge of authorities and no warning has ever been issued,” Rust concluded.”
“In the letter, she alleges an unnamed “concerned citizen” took a photo of the bartenders “breathing fire” a week before and sent it to fire officials, who then came to the bar the following weekend, hoping to catch them in the act.”
Then in the next paragraph:
“And yet according to Fire and Rescue spokesperson Rene Stilwell, to her knowledge fire marshals were not “tipped off” to the event, adding, “There are 70 fire marshals and fire investigators in the county. They routinely visit establishments unannounced during nighttime hours.” It appears, however, that these officials had previously at least tolerated the Friday night performances. In addition, on the night of the arrest, agents from the Virginia Alcoholic Beverage Control happened to also be present, according to Mark Dycio, the attorney representing JOTT Incorporated, parent company to Jimmy’s.”
So, just coincidentally, the fire marshals happen to have agents from VABC along with them? Personally, I don’t believe in coincidences.
And then in this article:
http://www.fairfaxtimes.com/cms/story.php?id=2059
“Cirrito said he was never issued a warning to stop the flaming bartender trick, even though it was performed in front of firefighters over the years.”
Just to reiterate, I am not defending the actions of the bartenders, only the response by the fire marshals. But something isn’t right with this story. Sounds more like a disgruntled ex-employee or someone with something against the owner or bartenders set this up.
Just think, the fire marshal could have walked in, witnessed this, spoke with the owner and bartenders involved, given them a warning and this whole thing would be a non-story. As it should have been.
Calm down, Mark. This isn’t about over-regulation of businesses, since I happen to agree with you that excessive regulation is killing small businesses. Rather, this is about what they teach you in kindergarten: don’t play with fire. Just because a couple of cops see you blow past them at twice the legal speed limit doesn’t mean you have a right to complain when the third officer pulls you over for a speeding violation and gives you a ticket rather than a warning.
This is easy stuff that everyone should know. We’re not talking about birthday candles here. We’re talking about lighting off a flammable liquid and using it as a blowtorch. And while I’m at it, those with a background in firefighting will realize that the “paper airplane” (or the couch or the smoldering cigarette) is all it takes to start a five-alarm blaze.
If you lived in Herndon, you’d also know that this isn’t Jimmy’s first rodeo.
There’s much more to this story, but it’s not going to come out until the trial. Unfortunately, the FD put out an extremely limited press release, not even explaining what the charges were based on, thereby leaving it to the politicos and the bar owner to try the case in the media–at the expense of the FD. The fact that what happened does, indeed, constitute a felony in Virginia somehow got lost in the wing-flapping. The fire marshals have to enforce the law that the General Assembly writes, as it is written. If you read the cryptic FD press release, you’ll see that the case was never about “firebreathing,” only about the tool used to light the breath.
DAMN STRAIGHT! Those Fire Marshal’s were just doing their jobs and protecting the citizens of Fairfax County as they rightfully should have! And good for you for calling in other offenders to their local police and fire officials. These bartenders think it’s “fun” and “cute” to play with fire, but all they are really doing is putting people’s lives and safety in danger. I really hope that the bartenders in this case are convicted of all counts so that this case will set an example for others NOT to break the law and put innocent people’s safety at risk.
And to all of the a$$holes who are against the actions taken by these fire marshals and blasting local public safety officials, all I have to say is this: The next time you experience an emergency of your own, don’t count on the help you need getting to you any time soon!
Adam M
Firefighter/EMT
Roanoke, Virginia
Fire is deadly, and it can move amazingly fast once it gets started, and people don’t act intelligently when they panic.
That said, the issue I had with this action was the complete about-face and Charge of the Light Brigade. Felony charges for an act at Jimmy’s Tavern that had been done every weekend for thirteen years, diagonally across the street from the local fire house? (Yes, diagonally right across the street from the local fire house.) Why not just say “Hey guys, don’t do this any more, or we’re going to have to take action.” That’s all that would have been required. Instead, enforcement suddenly flipped from wink and nod to Elliott Ness and the gangbusters. Is that really the way to protect lives and property? If so, maybe police should come out in riot gear if someone doesn’t come to a complete stop at an intersection.
The bartenders were charged as though they were plotting a terrorists act. I submit that this kind of overrreaction doesn’t represent the feeling of the actual firefighters.
I’m not a fire marshal or even associated with a fire department, but the fire marshals are charged with protecting the rest of us, and when they get a complaint they must investigate, which is what happened here. If they see a felony being committed, which is what happened here, they must enforce the law and file felony charges. Those charges may be reduced when the case comes to court, but what happened here is that the Commonwealth Attorney yielded to local political pressure. And everyone in Herndon knows it.
Mark said “It appears there is some contradiction occurring in this story, when you start looking deeper.” He’s quite right, because the FD press release was poorly written and ignored the facts that supported the felony charges. That enabled the bar people and the local politicos to shift the media focus on to fire breathing, which makes it appear that felony charges were brought for a harmless bar stunt. The media circus went national, without any reporters checking for the facts or the FD offering them.
Again, the FD case has nothing to do with fire breathing. It’s entirely about the Molotov cocktails that were lighted and used to ignite the alcohol in the bartenders’ breaths. Had they simply used a match or a candle, there would probably have been no felony charge.
What would have happened if the bartender or a drunk at the bar had elbowed one of the burning Molotov cocktails onto the floor? It would have broken and there would have been a flash fire in the darkened, crowded old wooden building.
To see what happens when stunts like this go wrong, check:
http://www.worldstarhiphop.com/videos/video.php?v=wshhbJhf70F21D6kO9BB
http://www.ebaumsworld.com/video/watch/80618828/
http://www.nypost.com/p/news/regional/item_YRMJ2hvNwRWeXsK7QInUkK
http://www.wbir.com/news/local/story.aspx?storyid=61724
The Code of Virginia (§ 18.2-85) says a “Fire Bomb means any container of a flammable material such as gasoline, kerosene, fuel oil, or other chemical compound, having a wick composed of any material or a device or other substance which, if set or ignited, is capable of igniting such flammable material or chemical compound.” That’s precisely what the bartenders constructed and lighted.
And “Any person, who manufactures, transports, distributes, possesses or uses a fire bomb or explosive materials or devices shall be guilty of felony.”
These fire marshals, having receiving a report, had a duty to act. They did their jobs, and regardless of how unpopular it was, they charged the bartenders in accordance with the code they are entrusted to enforce. Political connections worked for the bar owner in this case, but if fire marshals here in Fairfax County go lax on enforcement because of weak political support, the next major, fatal fire at a bar or entertainment venue could be right here.
The Code of Virginia (§ 18.2-85) says a “Fire Bomb means any container of a flammable material such as gasoline, kerosene, fuel oil, or other chemical compound, having a wick composed of any material or a device or other substance which, if set or ignited, is capable of igniting such flammable material or chemical compound.” That’s precisely what the bartenders constructed and lighted.
And “Any person, who manufactures, transports, distributes, possesses or uses a fire bomb or explosive materials or devices shall be guilty of felony.”
OMG, that describes the Wiki torches I bought for the backyard to keep the bugs away. I hope my neighbors do not send a letter to the Fire Marshall!
Face it, it was a huge overreaction. The definition of a fire bomb quoted above would include a cigarette lighter.
When police plan a holiday blood alcohol enforcement action, they give advance warning. That’s because they are concerned with public safety, not with making a spectacle of themselves. Others should do likewise. Going from wink and nod to Elliott Ness isn’t the way to do it.
The Fire Marshall did his job?
I thought the primary mission of the FM’s office was fire prevention.
In the case of the Jimmy’s Tavern incident, the FM claimed he witnessed a life threatening event and charged the bartenders with multiple felonies including manufacturing a bomb and setting a meeting place on fire.
If the show was life threatening as the FM claims, didn’t he have a duty to stop it rather than waiting until after the conclusion to charge the bartenders? Are we to believe the Fire Marshell watched two individuals build a bomb then set a crowded meeting place on fire yet did nothing to protect the innocent spectators other than arrest the bartenders after the show?
Those defending the FM’s actions are quick to point to the Station Night Club incident. If the same FM was present at the Station Night Club, I assume he would have watched that life threatening event without doing anything to stop it in order to maximize the number of notches he could carve into his gun.
The FM received a letter advising him of this “life threatening” show that has been going on for 13 years directly across the street from a fire station (I personally have been in the bar while firefighters have watched the show). Couldn’t the FM simply have called the owner in advance to advise him the show would be a violation? I’m sure the show would have been stopped. If not, I would agree a citation would be in order.
The FM’s felony charges (manufacturing a bomb, setting a meeting place on fire, etc.) were so over the top it is obvious the FM’s intentions had nothing to do with fire prevention.
Thank goodness the County Prosecutor office showed the common sense that is missing the the Fairfax County Fire Marshall’s office.
The Fire Marshall accomplished nothing but create unnecessary stress and legal costs to the bartenders and owner of the business, and destroy the good will of this community toward the Fairfax County Fire Marshall’s office.