Mr. Fireworks, Inc. v. City of Dayton

City of Dayton law enforcement personnel asked United Dairy Farmers stores to remove from their shelves all “sparklers” and “novelty and trick noisemakers,” or the city would cite the stores for violation of Dayton R.C.G.O. Section 92.01 et seq., the Dayton Unified Fire Code. The plaintiff, Mr. Fireworks, Inc. (“Mr. Fireworks”) is an Indiana corporation engaged in the wholesale distribution and retail sale of sparklers and noisemakers, and was the supplier of these items to the United Dairy Farmers stores.

On June 12,1987, the plaintiff filed a complaint for declaratory judgment and injunctive…