Jonesville Town Council voted unanimously Tuesday to require the committee to obtain insurance for the festival. The committee must then present proof of that insurance to council before it will authorize blocking off Main Street for the festival.
Mayor Ernest Moore said the town was advised by its attorney to require the festival to produce proof of insurance before closing the street for the 2009 festival on Sept. 26. He said this was in response to the lawsuit filed against the town by Michalyn Gardner, who claims she was injured by fireworks during the Sept. 6, 2008 festival. He said that due to an administrative error by the festival committee, the 2008 festival did not have insurance. Moore said the town did not learn this until after the incident.
Ms. Gardner’s suit claims she was sitting in the front yard of her home at 154 Pacolet St. when she was struck in the eye by one of the fireworks.
The suit alleges that the town, which created the festival, is liable because it failed to oversee the discharge of the fireworks, failed to protect those attending from falling debris or faulty fireworks and failed to properly warn those in attendance of the inherent dangers of faulty fireworks.
Also named in the lawsuit is Sonny Clark, who it says was in charge of the fireworks but failed to properly inspect and discharge them and failed to protect participants in the display.
Roof repairs
In other business, council voted unanimously to repair the roof of Oakbrook Community Church on Alman Street. The building is owned by the town and leased by the church. Moore told council the roof had developed a leak and needs to be repaired as soon as possible. He said he will seek bids from contractors for the project and bring them back for council to review and award at its September meeting.
Council also voted unanimously to purchase a new fingerprint kit for the Jonesville Police Department.
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