Banning Smoking in Cars With Children: The Case for Law

Introduction: The Rise of Smoking Restrictions

Laws limiting the areas in which people can smoke have become increasingly popular. In many major cities, smoking is now prohibited in restaurants, bars, and other enclosed areas. The rationale is twofold. First, it has become increasingly clear that secondhand smoke poses a serious threat to the health of nonsmokers. The argument that such laws interfere with smokers' personal freedoms is outweighed by concerns that innocent bystanders will be subjected to carcinogens. Second, the state has a compelling interest in discouraging smoking, given the higher healthcare costs that smokers incur. This acknowledged need to discourage cigarette use and promote public health is reflected in the uniformly high cigarette taxes found across the country.

Although smoking has been increasingly limited by law — and by rules at many private companies that prohibit smoking indoors, as evidenced by the ubiquitous sight of employees standing outside on a smoke break — there remains one place that is very small, with poor air circulation, where people can smoke with impunity and without concern for the health of others present. That place is inside a car.

The Car as an Unregulated Smoking Space

It could be argued that it is a smoker's choice to subject him or herself to uncirculated air within a vehicle, and that adult non-smoking passengers may also choose to remain. This was not the case with restaurant workers, bartenders, and coworkers — one of the primary justifications for legislation prohibiting smoking in those settings was that employees were forced to work in smoke-filled environments. Children riding in cars with smokers, however, have no such choice.

The inability of children to consent to secondhand smoke exposure is the central justification for the proposed law: prohibiting smoking in cars when children are present. Unlike adult passengers, children cannot simply decide to leave the vehicle or refuse to ride. They are entirely dependent on the decisions of the adults responsible for them. This involuntary exposure distinguishes the car from other private spaces where adult autonomy arguments might carry more weight.

Why Children Deserve Special Protection

The health effects of tobacco smoke on children are well documented. Secondhand smoke can have an immediate harmful impact on a child's respiratory system, worsening conditions such as asthma, and carries long-term risks of cancer and other serious illnesses. Even with a window open, air circulation inside a vehicle is insufficient to protect passengers from smoke exposure. Furthermore, the gaseous and particulate components of tobacco smoke absorb into upholstery and other interior surfaces, "exposing passengers to toxins long after anyone actually smoked in the car" (Smoke Free Cars, 2013, no-smoke.org).

This proposed law is far from without precedent. "Since 2006, several communities, four states, and the Commonwealth of Puerto Rico have enacted laws to prevent smoking in cars when children are present" (Smoke Free Cars, 2013, no-smoke.org). The existence of these laws demonstrates that such legislation is both legally viable and practically enforceable.

Conclusion: Child Safety Must Come First

Child safety must remain a high priority, and a law prohibiting smoking in cars when children are present is an important step in the right direction. The legal precedent exists, the health justification is clear, and the enforcement mechanisms are proven. It is time to close this remaining gap in public smoking regulation and extend to children in cars the same protections already afforded to workers and patrons in enclosed public spaces.