Friday, 25 January 2008
HERALD POLL: Protecting the children? Print E-mail
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Should the Utah Legislature pass a bill banning smoking while children are in the car?

Sen. Scott McCoy, D-Salt Lake City, proposes to punish drivers who smoke in a vehicle when a child under 5 is riding in it.

The offense would be classed as "secondary," meaning that police wouldn't be stopping every cigarette-puffing driver of a minivan with a "baby on board" decal in the rear window. Police could issue a citation (with a maximum fine of $45) only after pulling the driver over for a primary offense such as speeding.

Protecting children is, of course, a political mainstay. But it's fair to wonder just how useful this one would actually be. While it might raise awareness about the harmful effects of second-hand smoke, do adults who smoke in a car with kids strapped inside have any awareness to raise?

For decades, we have been bombarded with media messages that cigarette and cigar smoke pose health hazards. Any adult who isn't aware of the dangers by now is so oblivious to reality that one minor traffic ticket -- and 45 bucks -- probably won't make a dent in the cranium.

In fact, bad parents risk their children's physical health all the time. They feed them fattening foods; they drink alcohol in front of them; they don't make them brush their teeth. Should there be a law to cover all these? Probably not.

The state has no authority to regulate such things (in the absence of some egregious neglect), though it does have authority to regulate the operation of an automobile. And so we see special penalties for various adult behaviors in motor vehicles when a child is present. One more will hardly be noticed. At the rate we're going, a motor vehicle will soon become the safest place on earth to spend your childhood.

All joking aside, however, we agree with McCoy that there ought to be a law when it comes to the use of tobacco in the confined space of an automobile. The ills are well established. They're particularly acute where children are concerned.

"The harm of second-hand smoke to young kids is especially important to watch," McCoy said. "Within seconds of lighting up a cigarette in the small, confined space of a car, toxicity levels in the air build up between 10 to 30 times the maximum allowed by the EPA."

Young children with developing lungs also breathe more air than adults do, making their rate of exposure higher. And they can't choose a different car.

"When a child can't make the decision whether to get into the car, or even roll down a window, I think this is appropriate," McCoy said.

Exposure to second-hand smoke decreases lung efficiency and impairs lung function in children of all ages. The fumes can play a role in bringing on or exasperating ailments such as asthma, sinusitis, rhinitis, cystic fibrosis, chronic respiratory problems such as cough and postnasal drip, colds, sore throats, bronchitis and pneumonia.

Government research concludes that second-hand smoke causes at least 150,000 to 300,000 lower-respiratory-tract infections each year in children under 18 months of age. In addition, more than 4,000 different chemicals have been identified in second-hand smoke, and at least 43 of these chemicals cause cancer.

Of course, given Utah's high Mormon population, any move against smoking can raise a cry about church influence in secular matters. But we're not seeing that. McCoy explains that his bill is not part of an incremental drive to outlaw smoking but merely a way of protecting innocent kids from irresponsible adult behavior.

He says law enforcement supports the bill -- though it might be argued that adding one more thing to the list of enforceables just complicates an officer's job. With each new law, the load on cops and courts comes closer to overload.

Some would argue that it would be better for the Utah Highway Patrol to focus on training officers how and when to use their Tasers than to add yet another legal nuance to traffic stops.

To others, this measure will look like a baby step toward a nanny state, where government oversees (and eventually runs) every detail of private life. Like water dropping on stone, lawmakers, the courts and freelance busybodies wear away individual freedoms.

All these arguments can be raised against McCoy's bill, but they're ultimately not persuasive. When adults fail in their parental responsibilities, the community needs to step in.

Should drivers be prohibited from smoking when children are in the vehicle? Send your comments to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or call 344-2942. Please leave your name, hometown and phone number with your comments. E-mail comments should not exceed 100 words; voicemail comments should be no longer than 30 seconds. Anonymous and unverifiable responses will not be published.


You can also comment online at heraldextra.com, under the "Polls" tab. The Daily Herald will publish comments on Feb. 3..
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