No Smoking In Your Own Car?

It’s a proven fact that secondhand smoke can be injurious to one’s health. Rockland County lawmakers recently enacted legislation that bans smoking in vehicles containing children.

Putnam County lawmakers, who originally decided to take a wait-andsee approach to determine whether the mandate was challenged in the courts, have now decided to revisit the issue.

During last week’s meeting of the Legislature’s Health, Social, Educational, and Environmental Committee, Commissioner of Health Dr. Sherlita Amler admitted the issue was a “sticky one. Children in a car with smoking adults have no way to escape their environment, but how to enforce prohibiting legislation will be most difficult.”

While members of the Putnam Legislature agree that such a law made sense, some feel by enacting legislation prohibiting smoking in vehicles containing children was unconstitutional.

Legislator Sam Oliverio of Putnam Valley, who chairs the committee, told his colleagues and a handful of people attending the meeting: “I very strongly supported our anti-smoking legislation in public places, but I am reluctant to play ‘big brother’ to mom and dad who, having common sense, should know smoking should not occur in a closed confined area with children nearby. If they wish to do that by placing their own flesh and blood at risk—we cannot be judge and jury. If parents are that ignorant and don’t recognize the health danger, the state cannot step in. Where do we draw the line?”

Dr. Amler said the first place to start was “education. Smoking is a horrible disease. It kills millions of people every year. Children not only ingest second hand smoke but they get the idea that smoking is OK and when they reach the age of 15, they stand out in front of their school smoking a cigarette.”

Legislature Chairman Tony Hay called on the federal government to make all smoking illegal: “It’s a killer that makes millions and millions of dollars each year for tobacco companies.”

Dr. Amler called cigarettes “illegal substances, since each cigarette contains more than 1,000 substances that can harm the body.”

Hay added that while his suggestion “sounds good, it never will take place because both Uncle Sam and New York State are making zillions of dollars in tax revenue from the sale of cigarettes— yet they are killing people.”

Legislator Dan Birmingham charged that “government was overstepping its bounds.”

Legislator Vincent Tamagna said, “children need protection. I grew up with a father who smoked all the time. We must come up with a commonsense measure that says: ‘Don’t smoke in a confined place with children.’”

Oliverio called the Rockland law “a very interesting pursuit of the legislative process. Many constitutional issues remain. Personally, I am in favor of making smoking undesirable in all locations. It killed my father, so I carry the banner with me every day. However, there are strong constitutional issues.”

Two smokers were questioned about the proposed law last week. Carl of Patterson said he smokes in his car but, “when the kids are with me, I never light a cigarette. I have this nasty habit that I can’t give up. I don’t want my kids to get hooked.”

Marissa of Lake Carmel smokes in the car whether her children are with her or not. “When I light up, I always crack the window on the driver’s aide to let fresh air in,” she said.

The legislature will continue their discussions and deliberations on whether or not follow Rockland County’s legislation in 2010.