Helium Balloon Sales Banned In Southampton

SOUTHAMPTON, NY — Southampton passed legislation Tuesday that prohibits the sale, distribution and release of balloons filled with any type of lighter than air gas, including helium, for private or public use — the ban encompasses, but is not limited to plastic, latex or mylar balloons.

The Southampton town board voted 4 to 1 to pass the measure, with Councilwoman Julie Lofstad voting against the legislation. The ban does not impact Southampton Village, just areas in Southampton Town.

The ban prohibits the sale of balloons filled with any lighter-than-air gas at supermarkets, party stores, and other locations.

The town's sustainability committee first presented the ban at a January, 2020 meeting. The legislation follows Southampton's ban on plastic straws and styrofoam containers, as well as an intentional balloon release ban that was adopted in June, 2019.

The board decided to give individuals a full year, until June 1, 2022, to adjust before enforcing the legislation. Once the ban goes into effect, those in violation will face fines beginning at $350 and/or 15 days in jail, for a first offense.

The town board solicited community input at a number of public hearings and asked residents to fill out an online poll on the issue. The survey indicated that 86 percent of those who responded agreed that releasing balloons into the environment posed a danger to the environment and to wildlife, and 66 percent were in favor of prohibiting the sale, distribution and release of any type of balloon filled with lighter than air gas, such as helium, the town said.

The legislation does not apply to balloons that are used for scientific or meteorological purposes, or hot air balloons that are recovered after launching.

Southampton Town Councilman John Bouvier, who sponsored the legislation, is also a scuba diver and said he was pleased with the vote; the balloons, he said, are detrimental to the environment and to marine life.

Bouvier, who has traveled to the Pacific gyre, a dumping ground for garbage in the ocean that's 600 miles in diameter, said the sight is impossible to forget. In addition, he said, mylar and helium balloons comprise about 30 percent of trash picked up during beach clean-ups. Helium, he added, is a finite element, needed for medical technologies; there are creative ways to provide party decorations without using helium, he said. "We are not banning all balloons," he said.

Marine life, Bouvier said, suffocate and suffer after they become wrapped in the balloons, or try to eat them and suffocate.

Bouvier said the town also wants to help small businesses, that's why the year before the measure takes effect was included as a compromise.

Lofstad said she voted no because the post-pandemic economy "stinks" for small business owners struggling to survive. While she said she agrees the balloons need to be banned to protect the environment, "I don't feel now is the time to place another burden on local businesses."

Lofstad added: "The pandemic played a large role in my decision. Small businesses are still struggling. And although this legislation doesn’t become effective until 2022 — and I appreciate the delay that was built in to lessen the impact— many businesses will not be back to 'normal' for perhaps years. Small Business Administration COVID loans will start becoming due in 2022, which will be another burden on those who received that disaster aid."

Customers can easily drive to Riverhead or other locations to buy the balloons, she said. "I want to protect the environment but not at the expense of struggling local businesses," she said.

Also, she said, since only helium-filled balloons are banned, people will still be able to purchase air-filled balloons, and potentially improperly dispose of them — so Southampton may still have the waste and litter aspect to deal with.

"I felt that now was not the time to adversely impact the bottom line of those Southampton businesses affected by the ban. However, I am hopeful we can find a way to help mitigate the impact on balloon businesses prior to June, 2022, as was discussed prior to voting on the legislation. I am also hopeful that society will change course and not continue to use balloons to celebrate," Lofstad said.

Southampton Town Supervisor Jay Schneiderman said he walks the beach and sees the balloons washed up onshore, but as a small businessman himself, the last thing he wanted to do was to hurt small businesses — the struggle, he said, was to find balance.

" I think it’s the right thing to do because of all the balloon pollution and its impacts on marine life. My door is open to small businesses affected by the ban. I am willing to work with them to try and find ways to replace the revenue losses that may result," Scheiderman said.

At a June 8 public hearing on the issue, both sides turned out for the meeting, held in a hybrid in-person and Zoom fashion.

"We are trashing our oceans and our entire environment," Dorothy Reilly said. "Passing this bill right now is extremely important."

Dieter von Lehnten said as a child, he loved balloons but now, they are washed up on beaches. "The worst is seeing animals suffer," he said. "For a few seconds of fun, is it worth it?"

Von Lehnten pointed out that 44 municipalities across the state and nation are placing bans on the sale of helium balloons and said East Hampton is also weighing the ban.

Grania Brolin said she was also in favor of the ban. "Whatever we choose do to affects the greater community," she said.

Photos of dying animals trapped by the balloons "make you want to cry," added Mackie Finnerty. "We can't have our fun at the expense of the environment."

Sandra Fiore, owner of Hampton Balloon & Party Rentals in Southampton, implored the board to seek compromise rather than an outright ban. She said education was key; mylar balloons can be reused many times and then recycled properly at her store, she said. Small businesses are struggling after the pandemic and the measure might send customers to other locations to buy the balloons, she said.

"People aren't going to stop celebrating," she said. "This law as written will only hurt small businesses."

Fiore said she had 500 signatures from both online and in-store petitions asking for a compromise, with a focus on education. Weighted balloons do not fly away and can be properly recycled, she added.

Lorna O'Hara of the Balloon Council agreed. "Our ask is for you to consider a weight compromise and education," she said, adding that jobs and businesses could be lost due to the legislation."

Jennifer Hartnagel of the Group for the East End said "time and time again," the impacts of balloons on wildlife had been seen; the town of Southampton is "not alone" in efforts to create change, with municipalities in Nantucket and California also contemplating bans, she said.

James Ewing said the town's Sustainable Southampton Green Advisory committee stood in support of the ban. "We are facing a global-wide emergency," he said.