Democrat Lawmaker David Weprin Wants Ban On Smoking In Cars With Children

NEW YORK (CBSNewYork/AP) — A New York lawmaker has proposed legislation that would ban adults from smoking in cars when children under the age of 14 are present.

Democrat Assemblyman David Weprin said he wants to reduce children’s exposure to secondhand smoke. The bill would apply even when the windows are rolled down.

The Daily News reports that violators could face a fine of up to $100.

Four other states have passed similar laws: Maine, Louisiana, Arkansas and California.

In New York’s Rockland County, smoking is banned in cars carrying passengers under age 18. Nassau County on Long Island is considering a similar bill.

Banning smoking in beaches, parks… and now cars? Is this going too far or good sense? Sound off in our comments section below…

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

  • Unbelivable

    Yet it’s ok to kill innocent little babies while in the mother’s womb. Totally unbelievable!

    • nathan

      We can always force the mothers to have them so they can leave them on street corners. Thats works right?

      • Donald

        Good job Nathan…. the straw man argument. The last resort of the most introspective thinkers

      • Burt

        They may not leave them all on corners, but there is evidence to support crime rates dropping beginning in the ’90s that coincides with Roe vs. Wade + ~18 years. Doesn’t necessarily prove anything, but along with other studies suggesting unwanted children tend to be social deviant as they grow up, it is certainly in the realm of possibility. It may not jive with Christian ideals, but there are far too many hippocrites to be able to back up their argument anyway. Another option would be preemptive sterilization for those with a propensity to need abortions. So start with the fascists calls people… I guess the overriding them here is everyone has opinions, and in each others eyes, we all think we’re right and the other person is wrong. Not going to change in anyone’s lifetime.

  • Dan Allison

    Hitler and Stalin could only DREAM about having this kind of power over the intimate details of millions of people’s everyday lives. Tyranny is alive and well.

  • Daniel Morgan

    What’s not to like about this law? It is politically correct, gives the government more power, will cost taxpayers and the government more money, takes police away from real crimes and some scabby, little political brown nosing bureaucrat will gain publicity and justify his feeding off the public teat.

    • Foster Berg

      How about we ban children IN cars, and cars where children reside. Im almost sure that the chemical coming out of the exhaust pipes can cause cancer/global warming. The only way to keep our kids safe is to keep them out of and away from cars. If they are walking/biking instead of riding – there lungs will be healthy enough to enjoy some second hand smoke.
      On a side note – I remember as a child hearing that second hand smoke is “just as bad if not worse than first hand smoke” – since both my parents smoked – somehow in my young mind it made sense that me actually going to smoke a cigarette was less harmful than the second hand – thanks allot – now I’m a nicotine junkie.

      In summery – cars do more damage than cigarettes.

      • Lucas

        Like isnt it weird that All Car tail pipes point towards the other cars driver? Banning smoking is just going to far and is a waste of money.. If we were really all about helping people avoid cancer.. Lets change the tail pipes.. LOL Nonsense

  • Chicago Nick

    Now there’s another thing my near perfect parents who had me in 1964 would be imprisoned for, along with being such terrible parents they didn’t strap us in like groceries into death seats that a child can’t escape from should their parents be incapacitated in a car crash and fire, as many have been claimed by since the government got into the nanny state parenting business.

    Welcome back my friends to the show that never ends, we’re so glad you could attend come inside come inside!…… it’s the NEW and Improved Obama Fourth Reich, forfeit your rights at the door and bend over for some more as the TSA brownshirts administer anal exams to enter your own neighborhood grocery stores and so on from the likes of Shorty Weiner and Bendover Barney…..

    God help us all…..perhaps the mother nature fury isn’t global warming,it’s GOD saying ‘enough is enough, no more protection for you decadent dumb azzzed Americans” willing to trade security for liberty

    Especially when if we just took on this Islamic monster toe to toe face to face our grandchildren would be asking in ten years ‘what’s was a Muslim daddy” instead of “tell us what it was like living free like a bird daddy, what happened again in 2008 that ended it all??”

  • The Coach

    Let me get this straight. In a city that has massive traffic and smog, to the point that you can see it hover in the air as you roll into town, they are busy trying to target smokers? 1. Smoking is currently legal in all 50 states. 2. Taxes on tobacco products provide revenue for the states. 3.It is already against the law for a business to make their own decision as to whether they want to allow smoking or not. 4. It’s now against the law to be OUTSIDE and smoke in a public place.

    (Before I say this, I do not condone smoking around children of any age.)

    I want to light up, but I have my kids in my car. Can’t smoke in the car. So I pull over, nope can’t smoke here, it’s outside. I’m in NYC, so what do I have all around, restaurants and shops, can’t smoke there either. So, I guess I’ll have to drive home (But how long is it that I can smoke in my own home? Not long especially if I don’t have my own freestanding home or unit.) So, I guess I will just give up smoking, so now where is the govt going to get the money to pay for more intrusive laws into telling me what is best for ME, by squeezing my paycheck more and more.

    Just tell me people, when does it stop, the way to fix stupid is education not legislation.

    • Ryan

      People seem to be completely missing the idea behind this type of legislation. This isn’t about trying to stop you from harming yourself or taking away your rights smoke, this about protecting the negative rights of the children who have the right not to be affected by second hand smoke. Everyone here seems to think this is about the smoker, when it’s exactly the opposite and all about the nonsmokers. Is there a fool among us who thinks that a child’s health is promoted by second hand smoke? Why are people so put out that they may be required to keep the environment of their kids healthy? (“Poor me, I should be able to poison my kids if I want to.”) Despite the obvious logic behind this legislation, my guess is that folks who think this is government intrusion on smoker’s rights would probably be the same ones to beat their asthmatic offspring senseless for complaining about daddy’s cigarette smoke anyway.

  • Tracy

    I don’t smoke and I don’t allow myself or my children around people who do smoke. Still, I think this has gotten scarey and you can add me to the list of future ” I told you so’s ” . History repeats itself – but we don’t have quite the same excuse the second time around.

  • Dunnyveg

    In this insane world, you can bet an exception will be made for medical marijuana. The hostile elites like us best when we’re fat and stupid. And all cigarettes do is rot out the lungs.

  • ustserv

    This law would fit well into Anthony Weiner’s goals. Keep encroaching on peoples rights. Can see the next regulation. No farting in the car.

    • mooseabout

      Exactly, why doesn’t everybody get this? What is wrong with Americans today? Have they totally lost their senses?

  • clayusmcret

    States like NY who keep voting in legislators who feel it is their duty to keep taking away Americans’ rights “for the good of another” deserve to lose everything.

  • TexasForever

    Hey its New York,
    New Yorkers should love this clown!

  • Jim

    Wow, more junk science legislation from the police State Of New York. So glad I left that state many many years ago never ever to return. New york will be the first state to ban breathing if they keep it up

  • Garr Obo

    I’d like to see all tobacco products banned, PERIOD. Only a dumba$$ would smoke anyway.

    • The Coach

      You see the good thing about America, you have the right to your opinion and to live your life smoke free. You have the choice to solicit businesses and individuals that support your smoke free lifestyle.

      But the greatest thing about FREEDOM, is that I have the right to light up a cigarette and enjoy it with a cold beer after a long week at work. I can choose to not go to a bar since they don’t allow smoking inside. And as to my causing health care costs to rise, I pay my own health care costs out of pocket when they arise. (BTW, I smoke, but I also jog 5 miles a day)

    • Dunnyveg

      Yeah, I agree. We should make all of your opinions into law. Since Einstein was a heavy smoker, and hence a “dumba$$”, the entire world ought to be lined up to kiss your arse. The rest of us aren’t even worthy to be in the presence of somebody obviously as smart as you are.

    • eek

      Do it.. I dare you to push for it. Go ahead and push prohibition.. you thought the roaring 20s were bad.. imagine today’s thugs.. running cigarettes.. LOL

  • patricia

    Even as a smoker, I 100% support this ban. No child should subjected to a person’s cigarette fumes. If you don’t suppor this it has nothing to do with protecting freedoms, it has everything to do with you not caring at all about the health of your child.

    • mooseabout

      It is up to the parents to decide, not the government, what’s next? The more and more freedoms that are taken away from you means the more government intrustion is what you want, pathetic…………

    • The Coach

      Why not work on educating stupid instead of trying to legislate it? You think it’s easier to support a law than to get out and try to educate people about the effects of smoking around children. So they don’t smoke in the car, but they still smoke around them at home. Really helping the kids out there. At least in the car, they could have rolled down the windows.

    • ts

      It is called “parental responsibility” good parents practice this. Bad parents don’t. It does not mean that the government should come in and take away a personal choice because a few chose not to be responsible. I do not support this law and it has nothing to do with caring for my children as I don’t have any. Should I have one, I would probably not smoke in the car with them anyways.

    • peteywheatstraw

      wrong patricia, it has everything to do with freedoms because where does it stop?

  • rlo

    Under the guise of “for the children” it is really just another way to control more of your life and generate revenue from the fines. What will you libs do when everyone stops smoking? You’ll have to tax something else, won’t you? Of course they really don’t want everyone to stop smoking as it brings in money to the coffers.
    Are you stupid for smoking in your car with your kids in it? Yes. Is it the governmnets job to raise your kids? No.

    And I do not smoke you sanctimonious socialists.

  • TroyG

    Lets see, most of those supporting this stupid intrusive law are probably liberals, commonly called democrats.
    Now please explain to me why liberals say it’s okay to kill 4000 unborn humans a day, but are stupidly fixated on second hand smoke.
    Just saying, this lawmaker, and those who support this type of intrusion into a citizen’s life, are not any type of American I care to associate with.
    What happened to mind your own darn business?

    • peteywheatstraw

      here here!!

  • Kevin

    A politician speaking out about smoking in front of children is good.

    A politician speaking out against abortion is bad.

    Tell me, how does this work again?

    • ts

      One is an intrusion of your rights, the other is consider population control.

  • jose

    Take a good wiff of the exhaust from the bus or truck going by. Just another step down a slippery slope. Telling what you can eat and what you can’t, another example. Once these loons get a little power – look out. Your favorite thing is next.

  • Jeffrey Monheit

    You bet these laws are going too far!! They’re also unenforceable and unconstitutional. Read the 1st and 4th Amendments of the U.S. Constitution. We have a right to smoke if no one in the area is bothered or feels violated.

  • nathan

    Its a great idea. To all those who think its communist, when your 2nd hand smoke give your kids lung cancer, Im sure they’ll thank you.

    • SirDiesAlot

      My kids wont get lung cancer from me because I dont smoke. If this is fine and dandy for you Nathan, rest assured the same will eventually apply to homes. And of course to insure no one skirts the law, home inspections will be proposed regardless of your smoking status. ~We cant be too careful when the welfare of children is at stake~

      At what point will this be ‘Communist’ in your view? To be more precise, at what point will these efforts be extra-constitutional or un-American?

      • nathan

        Hey Joe McCarthy – you do know you’re insane don’t you? Your kids already do. Thats why they are ashamed of you “Dad”.

  • Andy VanMiddlesworth

    For those who think this is the government place,don’t forget to breath deep when they march you to the showers its for your own good.

  • Gill

    its a right law.

  • amanda

    I agree Amanda only ones who are flippin are those guilty! Kids don’t ask for this or anything else! They need a voice quit bashing the people who try to give them that voice

    • Mark Hillyard

      Hi Amanda! What did you mean when you said…”Kids don’t ask for this or anything else!” That’s a pretty wild statement! Kids ask and demand all the time and all day long many are in their twentys and some sue their parents. Mayhaps I misunderstood your statement.
      Let the children roll in the dirt, its good for them.

  • Frank D

    What next? A ban on impure thoughts?

    I think parents can decide for themselves and their own children. As opposed to yet another preachy hypocrite politician telling us what people other than them should do.

  • Vixen

    This is Crazy! Are we living in the old communist Russia??

    • Dunnyveg

      No, we are not living in communist Russia. I just finished a book on the subject. Even under good old Uncle Joe, making cigarettes received top priority, and you could smoke anywhere. These high priests of the Deformed Church of Political Correctness are far, far worse than the communists of old. They believed in at least some freedom.

  • Chuck Curry

    Only an idiot would smoke in a car containing children. Only an idiot would try to change another idiot’s behavior. Freedom is abused by idiots who smoke around their kids, and by people who waste our resources on trying to stop them.

    • Chuck Curry

      There is a single light of liberty, and to diminish it anywhere, is to diminish it everywhere.

      • Ryan

        You’re right Chuck, it’s time to stop funding Child Protective Services. Only an idiot would abuse a child, and only an idiot would step into stop that idiot from doing it. You’re so right!

  • amanda

    I bet a high percentage of the people who won’t support this are the ones that do it to their children!

  • alanwillingham

    Liberals kill millions more babies than cigarette smoke… Ban Liberals !

  • Cache

    The nazi party is on the march again…………stay the hell out of peoples lives dimwit!

  • Paul Kohloff

    another commie law maker,great everybody should join the criminals ,and just break every law out there they can’t put us all in jail.look at California their releasing how many criminals? I say f—- em.

  • J

    David Weprin is starting to sound like a Communist. If he’s concerned about the health of children, why not cut earmarks on spending such as 2.9 million dollars we give Chinese prostitutes to teach them how to drink responsibly, or the $ 500,000 Democrats give to researchers to study the effects that running has on a treadmill on a Shrimp. You want to help children become healthy, why not pump some of your wasteful spending into Public School Fitness programs. I hope democrats loose the coming elections. America is broke.

    • danny

      J, I hate to break it to you. The Reps aren’t much better. Both only care about their respective a$$. And I mean $$$$. Theirs. Not yours.

  • Thomas Laprade

    Parents know best

    I’m afraid that the proposal to ban smoking in cars occupied by children represents an
    unwarranted intrusion into the privacy and autonomy of parenthood. The autonomy to
    make one’s own decision about risks to subject a child to is not to be interfered with lightly.
    It should only be done in cases where there is a substantial threat of severe harm
    to the child. Interfering with parental autonomy in a case where there is only minor
    risk involved is unwarranted.

    • Frank D

      Geez, a 12-13 year old girl can legally have a child. Are they qualified to decide ANYTHING. NO. Is that criminal

      There’s another good law to pass. Maybe make some kind of government fee / tax on it too

  • Jamie

    About freaking time. I’ve always wanted them to ban smoking in the car with the children in it, It’s just ghetto and white trash that usually does that. I’ve seen a hot ghetto mess photo on youtube with a woman holding a new born baby. She had 7 inch nails that was colored with all kinds of nasty polish and she had a half smoked cigarette dangling from her mouth with the baby inches away from the cigarette. The poor baby was squinting and trying to turn his face.

  • RC

    Yet another smoke screen [pun intended] by the Democrat party to take our minds away from the real problems we have. NO JOBS, No Manufacturing, Almost NO economy, Too much Government intrusion in our lives, way too high taxes on ….well, everything. Billions of our tax dollars given away to everyone on the planet EXCEPT our own citizens. For our own there’s no money. Deficit spending that’s way out of control. …and the Democrats want even more! This law is a waste of our time and tax dollars. Nearly every State already has one like it on the books already. These guys think we’re all stupid little children in need of THEIR control. VOTE THEM ALL OUT …ALL 545 in Washington [Congress and President} Time for new blood that listens to the people like they were elected to and promised to do, but instantly forgot.

  • joe


  • Eric R. Velarde

    They should ban smoking outside, near the entrance to Buildings. Yes, they can’t smoke inside, but I hate it when I enter or exit to cigarette smoke. Makes me want to offer them a pack of Whoop Ass and blow fists in their face.

    • Jack

      You whiny baby

  • robert Barry

    In Kentucky will the children still be able to smoke in the car, even if the parents can’t?

  • Jack

    I remember when America was free! What’s next……Children should not go to restaurants with fat people. Democrats=Socialism.

  • Scott C

    Who G A F about cigarettes?
    Those who cry about second hand smoke and worry about disease from others’ smoke-smelling clothes, suffer from pathology themselves.
    That pathology is hou$e privilege.
    Boo-hoo, boo-hoo re cigarette smoke
    Maybe we can start a new carbon tax on cigarette smoke and sell ’em on an options // futures derivative$ market — another all price // no value money-taking bank$ter $cam
    For those of us challenged out in the field nowadaze, there are far more urgent things to be concerned about than cigarette smoke.
    We try to count our blessings.
    BTW, I do not smoke, I bicycle most places, and in my 50s, can drop and do 75 anytime.
    Who cares about cigarette smoke?

  • Jacek Dudek

    and democrats just lost my vote! Soon they might want to tell me when can I go to the bathroom and when I have to hold!

    • The Coach

      They already do, it’s called a low flow toilet.

  • dirtydave777

    The Democommies doing what they do best.
    Oppression for our own good.

  • Aaron

    Really, I understand the people that don’t smoke wanting this but its still an infringement. It’s like the goverment saying you can only eat certain things because your wastes can harm the environment that others may alk by. Also no passing gas in the future. I’m not a smoker but this is getting rediculous.

  • nyc

    I just can’t believe how priorities are so off. Let’s see ,we have tens of thousands of Illegal guns on the streets of New York . We have over one million Illegal immigrants, with many working for cheap employers off the books. Why not take care of some serious issues ! What dumb people !

  • Hummer

    I’m no smoker..and I have rubbed elbows with several hundred people dying of lung cancer over the last 45 years..However, if the government says that it can outlaw smoking in cars with is no wild step of imagination to also assume it will see itself capable of outlawing of smoking inside one’s house..Smoking is a stinky, dangerous and expensive habit. But so is the Government’s constant incursion into the rights of a homeowner or citizen. That is a slippery slope, one in which we are about halfway down the hill at this point.

    • PaPa Joe

      You are absolutely correct. This all began when helmets were mandated for motorcycle riders and people were forced to wear seat belts when driving an automobile; both great ideas but both intrusions into the rights of individual citizens. It’s kind of like a law mandating that everyone should never catch a cold. Hummer, do you think we’re only halfway down the hill?

  • PaPa Joe

    This is a great idea – but – does anyone really think that drivers/passengers will obey this law. I’ve heard that drivers can’t text or talk on a cell phone (only hands free) and yet I see this behavior every day. Ever see someone reading or applying makeup while driving, and I mean when the car is in motion? And what is $100 when someone is willing to spent $8.00/pack and is a two pack/day smoker? Common sense; where did it go, when did it go, why did it go? Good luck assemblyman, I sincerely wish you well.

    • Ryan

      You’re right PaPa Joe. The fine should be much stiffer. As I’ve said in my other posts, willfully subjecting a child to the harmful effects of second hand smoked is child abuse and should be treated as such.

      • Gino de Lucia

        get a life~ This is America, not communist China!

  • Neil Mooney

    I thought it was already the law? A passenger or driver cannot smoke in a car with occupants under the age of 18 in the vehicle. It makes a lot more sense than “no smoking in the park”, that’s for sure!

  • amanda

    Vik I agree with they whole ban in car with open window but no so much with the park! Here in ohio you can NOT smoke in a public place only outside and so many feet from the entrance and it works great

    • Congress Works For Us

      Yeah, it works wonderfully for all the bars and restaurants that went out of business…

  • Vik

    Alec Baldwin for Mayor!

    • me

      Baldwin is an A.H.

  • Robert K. Tompsett

    !00% support – Go for it!

    • Jack

      You must of voted for Obama you socialist

  • Vik

    Hey here’s another suggestion for a ban and I’m half serious/joking. Banning smoking with your window down in bumper to bumper traffic. Even with another car’s windows up and a.c. running, that second hand smoke finds a way to get in there. So if you’re going to go to the EXTREME and ban it in open spaces like parks and beaches then ban in on the road. Because people in the cars right next to you or behind will smell it first before whiny people sitting in a park where the smoke can dissipate a lot quicker then in traffic.

  • Greg

    Is everyone getting use to the Communist United States of China yet??

    • Daniel Morgan

      Chinese Communists wouldn’t pass such a stupid law, they love to smoke. When they conquer America financially they will confiscate the cigarette factories first.

    • Jeffrey Monheit

      No, I’m revolting!

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