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Queens Legislators Call for Smoking Ban in Cars with Minors

Stavisky and Weprin bill would make it illegal to light up in vehicles in which youths, ages 14 and below, are riding.

 

State Sen. Toby Stavisky, D-Whitestone, and state Assemblyman David Weprin, D-Little Neck, are calling for the state to prohibit smoking in vehicles in which minors are present and fine violators up to $100.

Under the bill, smoking in passenger cars, vans or trucks would be illegal when youths, ages 14 and below, are present.

“It is of upmost importance to protect our children, whose bodies are still developing and who often do not have a voice of their own,” Weprin said.

The legislation would extend the Clean Indoor Act, which was enacted to prevent smoking in city restaurants. In November, smoking was also banned at Long Island Rail Road platforms and stations.

“It will help children breathe clean air while they are riding in automobiles,” Stavisky said. “There is no constitutional right to smoke. It is not a protected activity.”

Health advocates who support the legislation said it would help to prevent children from being exposed to secondhand smoke as well as long-term diseases, such as asthma and cancer.

“Because their lungs are so much smaller, secondhand smoke is even more dangerous to children,” said Jeff Seyler, chief executive officer of the American Lung Association in New York.

Jerry Iannece, chairman of Community Board 11, said he thought the bill was a good idea.

“If you’re smoking by yourself, it’s a different story,” he said. “But kids shouldn’t be subjected to smoke in a confined area. Kids that are 14 and under don’t always have the choice to make whether they want to be in a smoke free environment.”

Related Topics: BAN, Cars, Clean Indoor Act, Smoking, and vans

Thomas Laprade

1:30 am on Thursday, February 16, 2012

Parents know best


I'm afraid that the proposal to ban smoking in cars occupied by children represents an
unwarranted intrusion into the privacy and autonomy of parenthood. The autonomy to
make one's own decision about risks to subject a child to is not to be interfered with lightly.
It should only be done in cases where there is a substantial threat of severe harm
to the child. Interfering with parental autonomy in a case where there is only minor
risk involved is unwarranted.

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cmjake

6:58 am on Thursday, February 16, 2012

Should be banned in homes. This is not minor! All research shows the horrendous effects of second-hand smoke. It is child abuse/neglect. Have you ever smelled the clothing of such a child? Too bad you can't see the lungs.

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Phil Konigsberg

4:47 pm on Saturday, February 18, 2012

I want to thank both Sen. Stavisky and Assemblyman Weprin for introducing this bill again this year. Last year there was not enough support in both legislative bodies. Hopefully this year there will be enough support statewide from our legislators (we need their constituents to let their respective representatives know they want this bill passed finally) to get the bill to Gov. Cuomo desk for signature.

As cmjake states above, smoking in a confined area such as a vehicle when a child is present is clearly committing an offense of child abuse. Although inconsiderate to smoke with anyone else in a car, at least an adult can request that there be no smoking while they are in the car or ask to be let out of the vehicle. A child does not have that option.

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