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States need to butt out on smoking in cars

As a child of the 1960s, I remember a time when cigarettes were as common as today’s cellphones.

In grocery stores, movie theaters, offices - and even hospitals - lighting up was accepted anywhere.

Celebrities hawked smokes. Radio, newspapers and televisions were filled with advertisements touting their wholesome flavor, special filters or size.

I can remember my father cracking the “wing” as he lit up his Pall Mall in the ’55 Chevy - a car where seat belts weren’t yet required and dashboards were made of cold, hard steel.

It’s probably one of the reasons that I picked up the habit in my high school years.

Then came the warnings. Some readers might remember the side of the pack where it said: “The Surgeon General has determined ...” back when tobacco replaced coal dust in these parts as the leading cause of lung cancer.

Thus was the beginning of the end of “Big Tobacco.”

Today, smoking is frowned upon. It’s limited in public places - even open air stadiums - because of the health risks it poses and the social disdain that surrounds it these days.

About the last places the few smokers among us can light up are on private property. Homes, backyards and vehicles.

But lately, some states are attempting to snuff out smoking in cars, especially when children are involved.

Already, 11 states have enacted laws against the practice, each with their own rules and penalties.

The Senate in West Virginia is hoping to make their state the next to have them. Earlier this month that legislative body passed a law calling for fines for anyone caught smoking or possessing a lit tobacco product in a vehicle when someone 16 years old or younger are present.

The “crime” would be a misdemeanor with a maximum fine of $25. It cannot be the main reason a driver is pulled over.

In a state where more adults use cigarettes than anywhere in the country, 18-year-olds can legally stop in any convenience store and pick up a pack of smokes. They’d be liable under the proposal if they were behind the wheel. So much for sneaking out for a few puffs with a teenage sibling, eh?

In 2023, West Virginia ranked dead last in providing funds to control tobacco. Four in 10 of the state’s high school students already use tobacco, but the state can’t come up with the cash to fund cessation and education programs.

Not spending the money now will come back to haunt lawmakers, especially since smoking costs the state $1.17 billion in direct health care costs, according to the American Cancer Society.

That lack of action contributes to the death of 4,300 residents a year across the state.

Neighboring Pennsylvania has been pondering a plan similar to West Virginia’s, setting penalties of $100 for someone convicted of smoking if a child 12 or under is in the vehicle. Fines would increase to $250 for a second offense.

Again, the “crime” would only apply if a driver is pulled over for a traffic violation.

Opponents of all these proposals say a state shouldn’t infringe on parent rights to make decisions regarding doing anything in their own vehicle.

Smoking isn’t illegal, though in some states it’s costly these days.

Government at several levels has limited the habit, setting rules on where smokers can or can’t indulge.

Depending on what research someone considers, they point out that just one cigarette in a confined space is enough to harm a child.

And to some degree, I agree. But how much is too much?

Should it be up to a state to decide? The questions abound.

Given the inconsistency of the legislation from state to state, would West Virginia drivers with 16-year-olds in a vehicle be good to go across the Pennsylvania border?

And what about all the other bad stuff kids inhale outside a vehicle?

If parents face penalties for allowing kids to breathe second hand smoke in a car, are they liable, too, for allowing them to breathe potential airborne toxins that infiltrate the privacy of a home?

Where does it stop?

Instead of solving the tobacco issue on the backs of a driver who may have missed a turn signal while having a smoke with a child in the car, it might be better for government to promote education when it comes to the perceived ills of using tobacco products.

Simply put, government needs to butt out on this one.

Ed Socha | tneditor@tnonline.com

Ed Socha is a retired newspaper editor with more than 40 years’ experience in community journalism. Reach him at tneditor@tnonline.com.

The foregoing opinions do not necessarily reflect the views of the Editorial Board or Times News LLC.