Today Bangor, Maine is instituting an ordinance which bans smoking in cars if there are children under the age of 18 present. The police have the right to stop the car and the smoker could be fined $50. You can find the NY Times article here.
Good general health policy or invasion of privacy?
[tags] smoking ban, bangor, maine, privacy, cigarette ban[/tags]
Thanks to Neik R for use of his Flickr photo.
10 responses so far ↓
Whitney // Jan 19, 2007 at 7:32 pm
I think this will be like a seat belt law (This is the lawyer in me speaking) where you get tagged with this on top of other offenses.
Given the number of people dying from second hand smoke exposure, and the facts that kids have no choice but to breathe stuff in, in that small environment, I understand. It is good health policy. Whether it actually changes behavior, we’ll see. But it is causing debate and talk, which is even better.
Legally, it depends on how you see a car. Private property, yes. But driving is a legal privilege, with licenses issued by the State. So is the ban better if it is a general prohibition, like the states that don’t let you talk on a cell phone without a headset in the car?
This one will be interesting to watch as it plays out.
Stu Mark // Jan 19, 2007 at 8:37 pm
Well, to leave privacy to the side for a second, if the same thing applies to other under-18 issues (like beer), than I understand. If it’s illegal for a minor to possess a cigarette, then it makes sense that it should be illegal for a lit one to be in the same car as the minor.
But I smoke cigarettes once in a while (less than one a day), and so from that standpoint, I would never smoke in the presence of a minor.
As for privacy, yeah, it is an invasion of privacy, but there are so many legal precedents for just this sort of deal, as driving is a privilege.
As for the post, nice one, right up my alley. I’ll mention it to my wife this weekend, in case (pun alert) California gets wind of it.
Judy Aron // Jan 19, 2007 at 8:47 pm
Yeah - They are considering this type of legislation in CT.
IMO - this type of legislation is merely “feel good” legislation that allows legislators to detract time and energy from the stuff that really needs to be discussed and accomplished.
Instead of solving issues about crime, taxes, the state economy, energy costs, the dearth of nurses and unequipped emergency rooms, and a myriad of other really important issues, legislators instead choose to tackle somewhat “easy issues” that are usually designed to legislate common sense or create more government intrusion into our lives.
A.L. Hatch // Jan 19, 2007 at 10:05 pm
I’m sorry, I can’t be rational about this one. Yeah, people should have a right to privacy. But smoking is one of the greatest health issues we face and it creates issues for those of us who aren’t addicted - just for instance, high health insurance premiums.
My dad never touched a cigarette and died from cancer. That anyone would risk that disease for a smoke makes me crazy.
I think this law is on the mark. Babies should NEVER be exposed to smoke. It makes me insane just to have my girl in her great-grandparents home for three days - we all reek of smoke when we get home and it makes me feel like we are all breathing in filth.
I wish all states would enact this.
Erica // Jan 20, 2007 at 11:01 am
Scotland has imposed a ban in public places.
Smoking in cars is allowed…the ban in public places is great, and I would favour a ban in cars to protect children.
Megin Hatch // Jan 22, 2007 at 1:16 pm
I have an immediate reaction when I see an adult smoking in a car with kids. It is guttural.
And then it makes me sad.
Whitney // Jan 22, 2007 at 4:18 pm
And, on the radio this morning- New Jersey is joining and pushing for the same restrictions. I think they may be on to something!
Erica // Jan 22, 2007 at 5:02 pm
$50 isn’t much of a punishment, a day’s community service would be more appropriate?
mrszigzagman // Jan 24, 2007 at 2:06 am
This whole smoking thing is getting out of hand… what is next… i live in the bad part of town and they will take my kids away because the housing is not good enough…. while as a nurse i understand the downfalls of smoking… I think education is the key here… not criminalizaton. It may take longer but i’d rather give people liscences to people for breeding before bans like this.
Gail // Feb 7, 2007 at 3:15 am
Iam sorry but I have a hard time believing mr zig zag man that your a nurse .
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