Believe It or Not: Smoking in Cars with Children Remains Legal in Most States

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In a startling revelation, only eight states—and Puerto Rico—have enacted laws prohibiting smoking in vehicles when children are present. This seems astonishing, especially considering the year is 2021. The state of Virginia is poised to become the ninth state to implement such a ban, pending the governor’s signature on a bill passed by both the state Senate and House. While this development is commendable, it begs the question: why is this not a widespread law across the nation? There is no valid reason for exposing innocent children to the dangers of secondhand smoke in enclosed spaces.

The Environmental Protection Agency (EPA) has reported that children exposed to secondhand smoke are at a greater risk of experiencing severe asthma symptoms. Estimates suggest that between 200,000 and 1,000,000 children suffering from asthma may see their conditions worsen due to this dangerous exposure. Clearly, this is not a trivial matter being addressed merely for ticket revenue; secondhand smoke poses a significant health risk, particularly to young children whose lungs are still developing. If parents choose to smoke in a car, their children have no option but to breathe in that harmful air. If some parents are neglectful enough to endanger their children in this way, it becomes necessary for legal measures to intervene.

However, not everyone is in favor of such prohibitions. A columnist named Mark Thompson argues in a piece for the State Journal that smoking remains legal for adults, and such legislation could lead to further restrictions on personal freedoms. He questions whether a ban on smoking in cars could eventually lead to prohibiting smoking in private homes when children are around. While it may be difficult to enforce, having such laws in place would send a strong message. Is there truly any acceptable circumstance in which children should have to breathe in smoke? We should be advocating for laws that protect children from this kind of adult irresponsibility.

It’s time to acknowledge that we’re living in 2021, not 1962. Society has long recognized the dangers of secondhand smoke, and numerous laws have been enacted to restrict smoking in public places. You can enjoy a night out at a bar without enduring the smell of cigarette smoke due to legislation prohibiting it in all but a handful of states. Yet, in 32 states, children remain unprotected from secondhand smoke while trapped in a vehicle with reckless adults. This is unacceptable.

Thompson also suggests that rather than fining individuals for smoking in cars with children, we should focus on educating them about the risks. While education is important, the public has been aware of the dangers of secondhand smoke for decades. Those who remain ignorant of this issue are unlikely to change their behavior after seeing a poster or a short commercial. In many cases, financial penalties may be the only effective deterrent.

When parents fail to prioritize their children’s health and safety, the law must intervene. The potential lifelong health consequences of secondhand smoke exposure for children are far too serious to dismiss in favor of adult freedoms. We should be championing laws that protect children’s well-being—any legislation supporting this goal deserves our full support.

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In summary, while some progress is being made with states like Virginia moving to ban smoking in cars with children, many states still allow this harmful practice. The health risks associated with secondhand smoke, particularly for young children, are substantial. It is crucial that laws are enacted to protect vulnerable populations and that we prioritize their health over outdated notions of personal freedom.