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mch: "Phoebe #3 there is nothing improper about the Assemblyman's English. He has an accent. If you went to some other English speaking country you would have an accent."
Well, the Assembly man is in the US. I guess if he wants to find a place where he doesn't have an accent... (not that I agree with Phoebe... his English is fine).

Yay to those who oppose this nonsense. The absence of a law against a practice doesn't mean we agree with or support that practice. Just because something is bad doesn't mean it should be illegal. For me, this is more an excuse for this Assemblyman to get some media attention.

In general, lawmakers believe they only exist to make law. They have many other functions, and they would do well by society to legislate less, but legislate better, and carry out their oversight duties with real care. I would be in favor of a limit on the number of votes on new laws possible in a session, and/or the number of bills a lawmaker can propose, and/or the rule that for every new law, and old law has to be retired. Lawmakes should have to think good and hard before voting laws just for the sake of being seen as "doing" something.

While I support the mission of this effort I wonder if it is worth the effort considering the fact that so many other things that are illegal to do in cars such as talking on hand held cellphones are still typically done. Why give cops one more thing to hassle poor people about. Why keep nibbling around the edges of the smoking issue. Why not simply (not so simple) legislate some sort of phased complete ban on all smoking where tobbacco addiction is treated as a medical problem.
Also..is second hand smoke, which is primarily a condition during childhood when one is occupying the same space as your parent really that much worse than living in my household which stocked with delicious (and even nutritious) comfort food that has, over time, contributed to obesity in my children, a condition that according to statistics is likely to persist into adulthood and cause health problems down the road. I don't know...but I keep wondering? Will I soon be paying a fine for serving Ben and Jerry's for desert? Am I neglecting my kids? By the way we are obese and NEVER go to McDonalds. We just love good food a bit too much.

Just because something is bad, harmful, or unhealthy, why must it be made illegal? I don't understand how you make the the leap from "secondhand smoke is harmful" to "smoking with a kid in your car should be legislated against." We don't need lawmakers to follow us into our cars and save our children. There are ways to help save people's lives and health without trampling on their basic rights to freely make their own decisions (good or bad) for themselves and their own children.

I am one of the callers you put on the air. Note that VA state (where my father lives) has also introduced such a law for vote. It is important to add that my mother (1-2 packs of Kool per day)died from multiple heart attacks and emphysema at age 46, leaving 5 children behind. My father (Marlboro & Winston) had a heart attack, a stroke, and has been an amputee for about 15 years now. He is now battling throat cancer. My godmother died of lung cancer. Tobacco is so highly addictive! My father was the only one whose efforts to quit succeeded, and his quality of life is severely compromised.
So, consider cigarette's devastation of our family, without even beginning to consider the physiological effects on us, the 5 'children' who lived with the smoke. Make the penalty a DUI equivalent. It won't directly stop smoking in the home, but it will send a message and hit people where it hurts - embarrassment at getting a smoking DUI, and $$$. It also recognizes that children have rights - the right to breathe is pretty basic!!! It is also critical to continue efforts to knock out the cigarette industry!

Phoebe, for shame!

jh--re: license; i totally agree! well said. that is SOOOO true.

I say it's about time! NYC has a ban on smoking in public places, such as bars and so forth, which protects the adults who frequent them. But what about the children? The people who go to these types of places are usually over the age of consent who, without the ban, could have chosen to avoid these places anyway. A child, on the other hand, is (sometimes unfortunately) under the legal guard of of adults and would, therefore, have no choice in the matter. The kid would need to just suck up the smoke just because, despicably, they have no say. It's important for those in charge of kids to remember that they are important too.

@MCH: Agreed. I am not trying to pass laws in that other country.

Then again, if we required people to take classes and get a license before having a child, we wouldn't need such laws!

Phoebe #3 there is nothing improper about the Assemblyman's English. He has an accent. If you went to some other English speaking country you would have an accent.

"Maybe we should fine parents $500 for taking their children to McDonnalds. I really don't see the difference"

Matthew, I actually agree!

It's a bad idea to further ban smoking. Your kids live with your bad decisions. There are GREY AREAS in life, and we should not invite the government into them lightly!

I grew up in a pipe-smoke-filled house, and discovered later that this was a major cause of my near-constant sinusitis. This doesn't make me want to pass anti-smoking laws. I've never tried a cigarette in my life, and used to avoid bars and restaurants. I *still* resent the no-smoking laws for bars and restaurants, because they seem like overkill.

The trouble is that people are either afraid to stand up at all to smokers in situations where the smoke is annoying, or people immediately invoke the government and moral righteousness in order to argue against smoking. Just fight the fight locally, using reasonable arguments ("your habit is making me feel sick"), and focus on larger moral issues (global warming, war, etc.).

Haha, I too was a 70s kid and remember vividly the winters while trapped in a car's cloud of smoke (but it's not like they knew any better).

I've never been a smoker, and am actually sympathetic to those wanting to smoke in bars. However, this is a little different in that you're literally trapping a kid with no option to leave.

Let the adults do what they want (smoke, drink, recreational drugs), but when kids are involved it's important to use at least a modicum of caution. Unfortunately there are a lot of terrible parents who would expose their kids to cigarette smoke eve knowing what we do today.

My mother smoked constantly - throughout our childhood and even when pregnant with my sisters and me. My sisters and I have all had different breathing issues and cigarette addictions too. Currentlty none of us smoke, but we often talk about how we wish we could. Now my mother is seriously ill and that is terrible for us as well. Normally I think government involvement in personal lives is no good - but in this case I wish something cuold have been done to protect my mother and my sisters and me from all that smoke. It's not true that the smoker only hurts herself.

Yes, ban from cars and ban from homes. I live in an apartment and second hand smoke comes into my apartment from the apartment below me. I don't smoke and shouldn't have to live with someone else's smoke.

serious brain lapse--23 should read "job" not "jaw"

time for another cup of coffee, before caffeine is outlawed...sleep deprivation from having an infant!

16 joe,
my father smoked with me in the car now i have asthma.

15 matt, great point

also who cares if a law is enforced, good people will think twice before breaking it.

As I child, my both parents would smoke in the car with the windows closed. My sister and I would complain voiciferous, but my parents would retort, "Why do you have to breathe so much?"

As a direct result of this, I have significantly reduced lung capacity, and am affected by chest colds for months at a time.

Late in his life, dieing of emphysema, my father apologized to me, profusely.

Cigarettes should simply be illegal, and cigarette companies should be supporting their victims. People are addicted to the nicotine, the govt is addicted to the taxes they collect on them.

Phoebe your remark about people speaking English properly offends me as bigoted.

I was so insecure a driver that i never felt secure driving without a cigarette in my hand. Then I quit smoking and good thing I live in NY because I don't need to drive!

I am amazed that we can still buy cigarettes, period.

I missed what Assemblyman Ortiz said the penalty would be for any parent caught smoking in a car with a child - would they be arrested? Reported to Children's Services?

Of course, adults or parents shouldn't subject children to second hand smoke - I think that goes without saying, but legislating it? Sounds like way too much interference in our personal lives.

It's a slippery slope - what's next?

I don't smoke. My dad did. I have a beautiful daughter, born late last August. I don't want her around smoke. I am a parent. That's part of my jaw.

Such a law is stupid.

This is creepy..whats next:a fine for eating fried foods? After all thats bad for your health. Locking up pregnanat women so they don't do things that might harm their babies? I do not need a nanny state.

Its kinda jerky to smoke with kids in the car. I usually defend smokers. Smoking in a bar okay by me but smoking with kids in the car is wrong and if you need a law to tell you that then you are a jerk.

Smoking is a DUMB thing to do, there are few if any that would argue that, those have have chose to do something so dumb regarding their own health obviously have flawed judgement. Should we let those with flawed judgement be allowed to decide what is and what is not best for a child ? Laws are to protect us from poor judgement, and children should be those protected the most.

My father smoked and I remember begging for him to crack the window about a half an inch in the winter. I remember leaning toward the window and gasping for air like a dying fish. Worse, I had chronic bronchitis through my whole childhood. I wish to God someone could have stopped this.

Thank you Jose (caller #1)!!

Second hand smoke is a distraction those who don't want to challange the big polluters blow in our faces.

Why change the status quo when you can make individuals feel guilty.

While I agree that smoking in a car with children is bad, I also agree with the last caller that before creating new laws, maybe politicians should work toward enforcing existing ones; i.e., I see people idling their cars or talking on cell phones while swerving while cops stand around eating donuts.

I also think the assemblyman's "hand-off" that it's the mayor's problem to enforce (or make sure they are) existing laws is lame. What the hell do we pay you to do? (Apart from take our money and waste our time).

Yes to no smoking in cars with children, but enforce other laws first!!

You have to be kidding me. I was a child whose parents both smoked. I do not remember this being so bad as to pass yet another law. We have enough laws not being enforced as to pass another.

Maybe we should fine parents $500 for taking their children to McDonnalds. I really don't see the difference

This is a great idea! Kudos to the Assemblyman for proposing this forward-thinking legislation. I believe that this is indeed a form of child abuse- the negative effects of second hand smoke are significant and have been scientifically proven without a doubt. In response to those who blather on about limiting of personal freedom, big brother, etc- I share those concerns in some arenas, but not this one. It's the publicly funded health system and and the rest of the tax-paying constituency who end up footing the medical bills when smokers and others exposed to second-hand smoke get ill. So, it's *NOT* just the individual who is affected. Not to mention the fact that the children in these situations have no choice! This might also prove an incentive for parents who want to quit.

I find that smokers are rude selfish people. have you seen the way they throw their used cigarettes or stand in front of doors while smoking.

Absolutely ban smoking with kids in the car!

I do not smoke and never have. But, my parents both smoked and therefore my freedom to be smoke free was made for me as a young child.

And I now have health problems from it. I got bronchitis two years in a row after visiting them over the winter holidays, when they're smoking indoors with the windows closed. Now, I get bronchitis every year.

He sold me. The key freedom is that of the non-smoker not to be smothered. Sure, smokers have rights but not in enclosed spaces with non-smokers.

I think we should make all bad things illegal. that would make life very easy.

In the late 1960s early 1970s I remember six-hour trips across Florida with my mother smoking little cigars and my step-father smoking as well. It was horrible, but there was not even a thought that I could suggest they not smoke.

But who will enforce this law? The legislatures NEVER provide anywhere near enough money for enforcement of any law. Not pollution laws. Not even double-parking (I counted 17 double-parked cars on a 4 block stretch of Dyckman St last Sunday).

This is insane! Not because it is a bad idea, but because it will NEVER be enforced. Look at pooper-scooper laws that are regularly flaunted....and, at least once a day, I am almost run down by a driver on a cell phone - usually running a yellow or red light.

TFP (NYC)

C'mon! If it's your car, and your kids, do whatever you bloody like, as long as it doesn't endanger others. (Yes, the smoking is no good for yourself nor your kids, I know.) What's next, no smoking in your own home?

One more reason to leave this city for freedom elsewhere.

it's just NOT good for the kids. Maybe it should be a law but we seem to be putting laws on everything these days. We should educate parents and other smokers why they should not smoke around kids. I think the data show it to be unhealthy especially for long term exposure and so if kids are exposed from such a young age they are in danger of the diseases related to/caused by smoke.

good point TK!!

We should propose that people who want to ban other's freedoms at least speak English properly.

It shouldn't be law, it should be common sense. But in the absence of common sense ...

YES YES YES YES it should be a law!!!! Protect our children!