It's Official:
The Laws For Celebrating Independence Day

The United States observes no national holidays, that is, holidays mandated across all 50 states by the Federal government. The United States Congress and/or President can only legally establish an "official" holiday for its "federal" employees and the District of Columbia. States and municipalities are free to adopt holidays enjoyed by the federal government or to create their own. This can be accomplished in several ways, either through enactment of a law issued by a state legislature or by an executive proclamation, that is, by order from a state governor. As an act of confirmation, it is possible as well that a city may enact an ordinance regarding the celebration of the Fourth of July or any other holiday. As stated in the World Almanac (1998, p. 315), however, "in practice, most states observe the federal legal public holiday".

The first "official" state celebration of the Fourth as recognized under resolve of a legislature occurred in Massachusetts in 1781. Boston was the first municipality (city/town) to officially designate July Fourth as a holiday, in 1783. Alexander Martin of North Carolina was the first governor to issue a state order (in 1783) for celebrating the independence of the country on the Fourth of July. In 1870 the first federal legislation was passed giving federal employees a "day off" from work, but without pay. On June 29, 1938, by joint resolution of Congress (HJ resolution No. 551; pub. res. no. 127), the Fourth of July was legislated as a Federal holiday with pay for its employees. On January 14, 1941, it was brought to the attention of Congress by Robert Ramspeck, Chairman, Committee on the Civil Service of the House of Representatives (see 77th Congress, House of Representatives Report No. 532), that the 1938 Federal holiday law failed to specify that employees of the Government of the District of Columbia also have the Fourth of July designated as a holiday with pay. Harry B. Mitchell, president of the United States Civil Service Commission responded back on April 7 that his office, as well as the Bureau of the Budget, had no objection to amending the 1938 law to include District of Columbia employees.

Occasionally members of Congress have also either introduced bills or facilitated the passing of legislation which designated certain Fourth of July holidays with patriotic themes. In 1991, a joint resolution (H.J. Res. 278, 102nd Congress, 1st Session) was introduced June 21 by five congressmen that year as "July 4th Family Celebration Day", a bill which advocated for the importance of the family unit.

On February 27, 1992 a bill (SJR 262, 102nd Congress, 2nd session) was introduced by Senator Robert W. Kasten (R-WI) that would have designated July 4, 1992, as "Buy American Day". On February 3, 1998, Congress approved legislation (Congressional Record, 3 February 1998, and Public Law 105-225)

that designated the 21

days between Flag Day through Independence

Day as "Honor America

Days". Congress declared

"that there be public gatherings

and activities during

that period at which the people

of the United States can celebrate

and honor their country in an

appropriate way".

It's interesting to note as well that when July 4th fell on a Sunday, the anniversary was celebrated in most places on Monday, July 5. It was ex-Senator Robert C. Winthrop of Massachusetts who suggested that July 3 be substituted for July 5, when the Fourth fell on Sunday. In a letter he wrote in 1858 which was read on July 4 at a celebration in Boston, he stated his rationale:

"You are aware that Washington, having arrived at Cambridge on the 2d, assumed command of the American Army for the first time on the 3d of July, 1775. Would it not be a most agreeable and worthy coincidence, if, when the intervention of a Sunday shall cut off the customary routine of these celebrations, we could combine the commemoration of those two great events: Washington taking command of the Army in 1775, and Congress declaring our Independence in 1776." (New York Times, 9 July 1858, 4)

On September 22, 1959, an act was passed by Congress (H.R. 5752, Public Law 86-362) that if the Fourth of July and any other established holiday occurs on a Saturday, "the day immediately preceding such Saturday shall be held and considered to be a legal public holiday, in lieu of such day which so occurs on such Saturday, (A) for such officers and employees whose basic workweek is Monday through Friday, and (B) for the purposes of section 205 (d) of the Annual and Sick Leave Act of 1951 (65 Stat. 681), as amended (5 U.S.C. 2064 (d))". The act also provided for a day of release for employees "whose basic workweek is other than Monday through Friday".

In 1999, July 4th fell on a Sunday and when certain towns opted to celebrate on July 3rd, protests were heard. In Mesa, Arizona, where the Sertoma Club has staged an annual fireworks show for the last 35 years, they moved the event to Saturday causing hundreds of complaints. The Club "cited poor turnout and the reluctance of its Mormon members and volunteers to work when the holiday falls on a Sunday." In Fairfax, Va., the parade and fireworks occurred on Saturday because it would have been difficult to get volunteers to work on Sunday. In Rockledge Borough, Pa., town officials held the city parade on Saturday in respect for Sunday church services. Some residents were angry about that.

Adapted from "Fourth of July Celebrations Database", researched, compiled, and arranged by James R. Heintze, American University, Washington, D.C.