Under a City Council proposal, New York City would prohibit smoking in cars where children are riding, joining the ranks of Arkansas, Louisiana, Puerto Rico, Bangor, Me., and Rockland County, N.Y., where similar legislation has been passed.
The proposal, which Councilman James F. Gennaro, a Queens Democrat, plans to formally announce on Thursday, would prohibit smoking in cars where a child under 18 is present. Fines would range from $200 to $2,000, depending on the number of violations. Mayor Michael R. Bloomberg, who pushed through a ban on indoor smoking in 2003, and his administration have not said whether they will support the proposal.
Mr. Gennaro, in an interview, noted research that shows that children inhale and are harmed by second-hand smoke even when the windows in a car are open. “It is my belief that people’s right to privacy doesn’t extend to force-feeding their children cigarettes within the confines of the car,” he said.
In 2006, Arkansas became the first state in the country to ban smoking in cars with children present. The law applies to children who are under age 6 and weigh less than 60 pounds, who were already required to wear a safety seat. The Louisiana ban, also enacted in 2006, applies to children 12 and younger. The Puerto Rican law, which took effect this year, applies to children 13 and younger.
In January, as Pam Belluck of The Times reported, the City Council in Bangor, Maine’s third largest city, approved a ban on smoking in any motor vehicle where anyone under 18 is a passenger. The smoker can be fined $50.
The County Legislature in Rockland County passed a similar bill in May, as Peter Applebome has reported.
In New York City, Mr. Gennaro’s bill will probably be taken up by the City Council next Wednesday, although it could take months for hearings and votes to be held. Mr. Gennaro last year proposed raising the minimum age for buying cigarettes to 19, from 18, but the Bloomberg administration did not support the measure and it did not pass.
Kathleen Dachille, an assistant professor who directs the Legal Resource Center for Tobacco Regulation, Litigation and Advocacy at the University of Maryland School of Law, said in a phone interview that courts have generally looked favorably on banning smoking where children are concerned. For example, states have banned smoking in homes where foster children — who are under the state’s care and protection — live. Some family judges have made smoking cessation a precondition of child custody as well.
Professor Dachille said she was unaware of legal challenges to laws banning smoking in cars with children, but added, “I think the public health community and tobacco control community are treading in some dangerous waters, because people’s zone of privacy is important.”
Mr. Gennaro’s smoking proposal has been the subject of reports in The New York Post and The New York Sun. The Sun quoted Mr. Bloomberg as saying this year, in response to the Rockland County bill, “If it’s a child in the car, who doesn’t have the ability to speak up and protect themselves, then society does start to have an interest.” According to The Sun, the mayor added, “We do have a responsibility to provide a health environment for our children and I would just urge anybody, if you have children at home, don’t smoke at home, don’t smoke in your car with your child; you really are damaging your child’s health.”
A Call to Ban Smoking in Cars (With Children) - City Room - Metro - New York Times Blog
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The proposal, which Councilman James F. Gennaro, a Queens Democrat, plans to formally announce on Thursday, would prohibit smoking in cars where a child under 18 is present. Fines would range from $200 to $2,000, depending on the number of violations. Mayor Michael R. Bloomberg, who pushed through a ban on indoor smoking in 2003, and his administration have not said whether they will support the proposal.
Mr. Gennaro, in an interview, noted research that shows that children inhale and are harmed by second-hand smoke even when the windows in a car are open. “It is my belief that people’s right to privacy doesn’t extend to force-feeding their children cigarettes within the confines of the car,” he said.
In 2006, Arkansas became the first state in the country to ban smoking in cars with children present. The law applies to children who are under age 6 and weigh less than 60 pounds, who were already required to wear a safety seat. The Louisiana ban, also enacted in 2006, applies to children 12 and younger. The Puerto Rican law, which took effect this year, applies to children 13 and younger.
In January, as Pam Belluck of The Times reported, the City Council in Bangor, Maine’s third largest city, approved a ban on smoking in any motor vehicle where anyone under 18 is a passenger. The smoker can be fined $50.
The County Legislature in Rockland County passed a similar bill in May, as Peter Applebome has reported.
In New York City, Mr. Gennaro’s bill will probably be taken up by the City Council next Wednesday, although it could take months for hearings and votes to be held. Mr. Gennaro last year proposed raising the minimum age for buying cigarettes to 19, from 18, but the Bloomberg administration did not support the measure and it did not pass.
Kathleen Dachille, an assistant professor who directs the Legal Resource Center for Tobacco Regulation, Litigation and Advocacy at the University of Maryland School of Law, said in a phone interview that courts have generally looked favorably on banning smoking where children are concerned. For example, states have banned smoking in homes where foster children — who are under the state’s care and protection — live. Some family judges have made smoking cessation a precondition of child custody as well.
Professor Dachille said she was unaware of legal challenges to laws banning smoking in cars with children, but added, “I think the public health community and tobacco control community are treading in some dangerous waters, because people’s zone of privacy is important.”
Mr. Gennaro’s smoking proposal has been the subject of reports in The New York Post and The New York Sun. The Sun quoted Mr. Bloomberg as saying this year, in response to the Rockland County bill, “If it’s a child in the car, who doesn’t have the ability to speak up and protect themselves, then society does start to have an interest.” According to The Sun, the mayor added, “We do have a responsibility to provide a health environment for our children and I would just urge anybody, if you have children at home, don’t smoke at home, don’t smoke in your car with your child; you really are damaging your child’s health.”
A Call to Ban Smoking in Cars (With Children) - City Room - Metro - New York Times Blog
:clap:clap:clap:clap:clap
