New Law Would Fine You for Smoking in Car with Child

If Governor Paterson signs a new law expected to pass the Senate today, it could cost you $100 to light up a Lady Carlton while driving Junior to his tether-ball tournament. (Actually, make that $111, because the new cigarette tax went into effect today, too!) Senator Toby Ann Stavisky, a Democrat from Queens, is sponsoring a bill that would make it illegal for occupants of a car to smoke if there's anyone younger than 14 in the car. Even if they're in the way-way back!

"A child gets in the car where mommy or daddy or Aunt Nancy are smoking and doesn’t have the option of leaving," Stavisky tells City Room. Assemblywoman Nettie Mayersohn, a Democrat from Flushing, sponsored the bill in the Assembly, where it passed last week. The original bill would have carried the possibility of jail time and a maximum $500 fine, but Mayersohn says the punishment was scaled back to make it an "educational bill more than a punitive bill. We just want to give the kids a voice."

But what about grownups who are stuck with smoking children? Won't someone think of the adults?

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on July 1, 2010 3:56 PM

Comments [rss]

Chiropractic Marketing

Your blog helps me a lot. Firstly, I want to thank you for
your nice cooperation and work and appreciate you for this. Your article is
really a useful one and having lots of knowledge. The various steps in choosing
a career are assessing ones' strengths and interests. So, only a good career
advice can build one’ path.

Regards,
chiropractic marketing

Chiropractic Marketing

I would like to thank you for writing your blog on this
important topic. I will discuss this important topic with my friends and search
more about new Law Would Fine You for Smoking in Car with Child.
Regards,
chiropractic marketing
.

chirohosting

Ultimately, protecting children is always a good thing.

snickerdoodle

If you agree with this law because it's "to protect the children" then what's to stop the government from banning people from having "risky, gay sex" in their own homes because they want to protect the children in the home from such things? How about drinking? Alcoholics are a danger to children, let's remove children from all homes that have any kind of alcohol in it. We must protect them, after all.

Can't any of you see how these small attacks to our civil rights in the name of public safety will eventually grow into bigger problems and abuses against our Constitutional and privacy rights?

Do you people realize that the government (both Democrat and Republican) is not working FOR the people but AGAINST the people?

Please wake up and think long-term consequences, people. These "sin" laws and their subsequent taxing of such minor grievances are getting out of control and the government is taking full advantage, the old "Give them an inch they take a mile".

Common sense must prevail soon.

melinda

they should not have the right to ban wat people do in their vehicles they dont pay our insurance our gas our repairs etc are they also going to go after pregnant women who choose to smoke also or those that walk down the street and smoke the government is getting ridiculous and need to back off and go after something important

lord_liam

i am so sick of this states attack on civil liberties its wrong to smoke with kids in the car but i do not need the police having another reason to pull me over and search my car or person,patterson go to hell you ugly freak!

Clarence

This law means my dad would have been fined repeatedly when I was a kid. I loved my dad, but I would have been happy with him spending $100 to get the message.

David

It's been illegal here in California for a few years now.

wow 14th street

Snickerdoodle,

Republicans always benefit the working man and women

by starting war it's called the enlisted military

service.Yes ,those people in the service work.

wow 14th street

When you smoke it just means that your brain

is on fire. it's a mental anguish that you show the world.

We should eliminate this sicko thing that adults do.

No freedom in the cancer ward when that morphine drip

no longer stops the pain from fragile lung tissue dissolving into nothingness.

potsmoker

The original bill would have carried the possibility of jail time, take a sample of 100 people arrested in each borough, (out of a reasonable low ball # 100,000 a day in the entire city smoking with kids in the car)

any crime with jail time certainly carries the possibility of immediate arrest, putting handcuffs on mommy in front of the kids, processing which is usually 2-3 days, which means searching for relatives or placement of children in some foster care agency. then a small percentage of those people will actually have bail because they may be found drunk, with a weapon or weed etc.

then towing the car and impounding it, the actual original bill was nonsense since effectively a small percentage of those people may actually end up getting jail time, creating more chaos with jobs, rent, and child care, and lawyer expenses.

all those things put together is the classic example of why politics are Bull.

sounds nice, you will type away agreement, but in reality

the actual rollout of such a plan would collapse the city with an impossible consequence for our criminal justice system which cant handle that kind of overload and the resulting family choas attached to the whole idea of protecting a kid from second hand smoke.

bring back rapes and murders and daily bank robberies, think decoy mommies smoking and driving with a baby doll in a car seat, women getting mugged walking home while all the cops are looking for smokers with a kid in the back seat.

i suggest you put a picture of Senator Toby Ann Stavisky and vote in the next election to put this old hag out to pasture.

(trust me dont google her, searching for an image of her face is just as bad as looking for two girls one cup)

John L

I smoke but I wouldn't do it with a small child in the car and I'm not so much against this law as I'm against all these laws looking to limit our freedoms through taxation. No smoking, no salt, no trans fat, no soda, etc., etc., etc. is just the beginning. We can't keep allowing our freedoms to be taken away piece by piece.

Sure some of these laws or taxes may make sense but I don't want anything to infringe on my liberty. I think if we keep allowing this to happen it will eventually it'll move on to other issues. Americans had more freedoms ten years ago but now because of terrorist concerns or health issues or what have you we have less freedom, there's no excuse for it.

eitan

Having our freedoms taken away sucks, I know, heres your pacifier.

There are some laws, however, that are wise while they do so. Think seat belt laws. My goddam freedom to superman through my windshield is gone forever, forever!

So is this one. I only wish something could be done about the children who have to put up with this selfish shit at home.

jles

well said

inoyourider

Funny how the smokers are for the law; the non-smokers against it.

tracybluth

What's the statute of limitations on this one?

Look out, Mom and Dad, here I come!

Homer2323

Liberals have been trying, and failing, to legislate behavior forever. Nothing changes.

psquire

Right... Those stupid liberals wanted auto companies to INSTALL SEAT BELTS! Jerks! Also, SPEED LIMITS! I should be able to do what I want when I want! Except, of course, if I want to smoke pot. That's a big no-no.

robingee

Damn Liberals! Wanting overtime pay, child labor laws and for women to vote. Progress is sooooo stupid.

snickerdoodle

Damn liberals wanting to criminalize free speech and make it a crime to offend people with their crazy ideas and difference of opinions!

btw, it was the Republicans who freed the slaves while the Democrats wanted to keep it legal. That's some real progress, jah.