Cigarette reform laws

I would like to see the rest of the country follow Maine's recent example:

On Jan 19, a new cigarette reform law took effect in Maine's second largest city, Bangor. The law will prohibit smoking in a car with children. This gives Bangor police the authority to pull over a car within the city limits and give a fine of 50$ to anyone caught smoking with a passenger under 18 years old.

The result of this new law was a massive uproar , and many people who support smokers rights, began their rhetoric. I think the arguments in favor of this are obviously based an a child's a lack of control in regard to the environment that he or she lives in. This makes the adult population obligated to provide a safe environment for children. Health issues are the main concern and i think the reason why you shouldn't smoke with a child in a confined area, are obvious.

So why should anyone oppose this law? Here are the several of the key argument against this it. I will offer a counter argument to each.

1. Second hand smoke is "....Junk science."

2. Gary Nolan, a spokesman for the pro-smoker's group, The Smoker's Club, said..

''At some point these busybodies have to stop,'' Mr. Nolan said. ''If we can give our rights up to personal property, the nose of the camel is in the tent and there's no telling how far we can go."

His point is this: How far can you pursue smoking around kids? Will you allow police to dictate what you can do in your own house? Can they search your car or your body? Does this give government to much authority? Is it an infringement on the 4th amendment?

3."......I'm telling you the high-fat craze is next.''

Another Pandora's box scenario. Still it must be defined where the limits of health issue laws end. Obesity is a major concern in America and can lead to all types of health issues, like diabetes & heart problems. So do we ticket parents who are caught feeding their children high-fat foods?

My response:

1. Is second hand smoke dangerous?

Well the Surgeon General certainly thinks so. Some of the effects of regular exposure include a 25 to 30 increase in the chance of developing heart disease and a 25 to 30 percent increase in developing lung cancer.

http://www.healthfinder.gov/docs/doc10303.htm

http://www.epa.gov/smokefree/index.html

http://www.healthfinder.gov/Scripts/SearchContext.asp?topic=779

http://search.hhs.gov/search?q=Second+Hand+Smoke&sitesearch=&ie=&site=HHS&output=xml_no_dtd&client=HHS&lr=&proxystylesheet=HHS

I'd have to take their word for it, after all they are... "America's chief health educator, giving Americans the best scientific information available on how to improve their health and reduce the risk of illness and injury."

The other side of the debate is posted here: http://www.accessmylibrary.com/coms2/summary_0286-23540013_ITM

Oddly the article is the copyright of Financial Times Ltd. which may have some interest in cigarette sales, I'm not sure.

This one is from The Smokers Club:
http://www.davehitt.com/facts/epa.html

2. Is this law the gateway to infringement on our 4th amendment rights?

Second hand smoke harms your child, so it is illegal to smoke in a car with a child aboard. Yet, isn't it just as harmful to smoke around your child at home? Shouldn't it be illegal to smoke around your children in any confined area? Why just in a car? How would law enforcement effectively enforce law in your home? Where does it end.

I'm not really sure. One factor might be that it is just more practical to enforce public law. Laws that effect your behavior at home are much more difficult to regulate. Still, there are many behaviors that are illegal at home and in public, so why should this be any different? I can't think of a good reason why it shouldn't be illegal to smoke around children within a confined area such as a home or car. If there is no probable cause you need not worry about your rights being violated. The important personal rights to protect are those of the children, the ones who don't have a political voice, whose health is being compromised.

May I add that as a long time smoker who has children, I have never lit a cigarette in my home, and I've never smoked in a car with my children. It is only takes a little effort to show consideration for their well being. Actually I find it strange that this law should even be necessary, rather it should just be a common courtesy. Yet so many are to lazy and/or narcissistic to be unconvinced with issues like the health of their kids.

3. Are laws about feeding children High-Fat foods next on the agenda?

I hope so, there are lot of good reasons why obesity just as bad as second hand smoke. Some people would say that its a national crisis. A leading market research firm based in Rosemont, Ill., shows that about 62% of adults and 34% of children are overweight or obese. Health issues for children include:

• Cardiovascular disease
  



• Type 2 diabetes, DKA
  



• Polycystic ovarian syndrome
  



• Respiratory disease
  



• Slipped capital femoral epiphysis, Blount's disease
  



• Nonalcoholic steatohepatitis
  



• Pseudotumor cerebri
  



• Depression, low self-esteem, decreased quality of life

http://www.aap.org/obesity/

This type of abuse would have issues with law enforcement. It would be very hard for police to recognize an illegal food, and well as difficult to detect a crime being committed. Perhaps some authority could be given to doctors who could contact law officials when a certain weight ratio has been exceeded and determined to be dangerous to the child. Officers could issue mandatory education/exercise programs with fines for non-compliance. I wouldn't recommend law officials and police to have open enforcement on this area though, as I said, it would have to be through the medium of a doctors referral.

I feel that the example Maine has provided is ideal, yet as I have discussed in this post I'm not worried/concerned with any of the Pandora's box scenario's. If any of my points are off-based, or if an example of 4th amendment related wrong-doing has been overlooked, please inform me. Please refrain from the commenting on whether or not second hand smoke is dangerous, unless your a doctor or research scientist, then please do!