St. Pete might see delay in compensation for botched 2018 fireworks

The city of St. Petersburg is suing Creative Pyrotechnics over losses the city incurred last year when the company failed to put on the Fourth of July fireworks display it had been contracted to provide.

But the city might not see a dime of the compensation they are asking a court to grant for quite some time. 

At issue is the 2018 fireworks display the city contracted with Creative Pyrotechnics to put on at a cost of $25,000. The company repeatedly informed the city the show would go on, but after the 9:00 p.m. scheduled start time, Creative Pyrotechnics said they wouldn’t be able to set off the fireworks due to technical issues.

As a result, the city refused to pay the company. Now they are asking a court to order Creative Pyrotechnics to pay the city $60,000 to compensate for financial losses resulting from hiring additional fire, police and labor staff for the event.

Creative Pyrotechnic also failed to put on fireworks displays in Apopka and DeBary last Fourth of July. The company cited safety issues associated with the weather in those instances.

The city filed the lawsuit in Pinellas County Court last week. Shortly after, Creative Pyrotechnics notified the city and court that it had filed for Chapter 11 bankruptcy protection in February. That bankruptcy filing could temporarily block any demand to pay damages.

Further, Creative Pyrotechnic listed more than $630,000 in creditor claims against it with only $265,000 in assets. The city of St. Pete is not listed in those financial obligations, meaning the city might have a hard time recouping damages.

Creative Pyrotechnic is now operating under a new name, Angry Unicorn, incorporated by the same person who owns Creative Pyrotechnic. Elwood James Weppel IV incorporated Angry Unicorn just three weeks after last year’s failed fireworks display, according to Sunbiz.

That’s relevant now because the city of Tampa chose Angry Unicorn to facilitate its own Fourth of July fireworks shows this year. The Tampa Bay Times reported Tampa contracted with Angry Unicorn to facilitate four fireworks shows at Armature Works, Sparkman Wharf, the Tampa Convention Center and Julian B. Lane Riverfront Park as part of its inaugural “Boom By the Bay” celebration Tampa Mayor Jane Castor is launching this year.

The company’s ongoing legal troubles raise questions about whether or not the company can handle Tampa’s fireworks displays. Castor spokesperson Ashley Bauman told the Times the company, under its former name, has performed well for the city in the past, citing a New Year’s Eve show that went off without a hitch.

For its part, the company says it has worked out previous issues and is confident it can handle Tampa’s latest Fourth of July plans.

Weppel and his attorney, Dana Kaplan, declined to comment on pending litigation, but Kaplan offered a statement on the company’s pending bankruptcy protection.

“A Chapter 11 bankruptcy is a reorganization proceeding for businesses and individuals seeking to repay creditors in an orderly fashion,” Kaplan wrote. “It is business as usual for Creative Pyrotechnics and the business anticipates fulfilling its future obligations as to pre-scheduled shows.”