| Children and infants are especially susceptible to the | | | | limitation of other rights. Non-smokers that are in favor |
| effects of second hand cigarette smoke. This is | | | | of legislation that limits the rights of smokers argue that |
| because young children their lung capacity as related | | | | the legislation would not deny the right of a smoker to |
| to their body weight is larger than that of an adult, their | | | | smoke, but would instead enforce the right of the |
| immune system is not as developed as that of an | | | | non-smoker to remain healthy. Much like the use of |
| adult, and they are less likely to complain and/or | | | | alcohol, the use of cigarettes would, under the |
| remove themselves from the environment that causes | | | | enactment of such legislation, be legal only in the sense |
| the exposure. In other words, children are biologically | | | | that such use would not violate the rights of others. As |
| geared to inhale more of the toxins present in | | | | alcohol is legal only in as much as it does not endanger |
| cigarette smoke than their adult counterparts. Second | | | | others, so would the use of tobacco be legal only in as |
| hand smoke exposes children to a number of | | | | much as it does not endanger others. |
| carcinogens (cancer causing substances), and when | | | | To date, Arkansas, Louisiana, Washington, Vermont, |
| the environment is such that air flow is limited, such as | | | | and Texas have already initiated some form of |
| inside a home or vehicle, those carcinogens are | | | | legislation that bans smoking around young children. |
| especially concentrated. There are more than four | | | | Many states are ordering that children involved in |
| thousand substances present in tobacco smoke, more | | | | custody disputes and/or divorce cases are provided |
| than forty of which are known carcinogens. These | | | | with a smoke free environment. However, these |
| substances include formaldehyde, arsenic, vinyl chloride, | | | | cases are often the result of one parent complaining |
| lead, cadmium and nickel, as well as a host of other | | | | about the other parent's smoking around the children. |
| chemicals that are completely unpronounceable. | | | | Additionally, as the courts are intervening in a child's |
| The effects of environmental tobacco smoke range | | | | home environment, there the legal system must either |
| from the relatively benign to serious health | | | | stop requiring a smoking ban in such cases or that it |
| consequences. The irony of tobacco smoke is that the | | | | must apply the ban uniformly across every household, |
| chemicals that are present in second hand smoke are | | | | not merely the ones involved in civil litigation. Children's |
| often more concentrated than the smoke that a | | | | rights groups are calling the exposure of young children |
| smoker takes into his or her lungs. Among the effects | | | | to second hand smoke a form of child abuse and are |
| that second hand smoke has on children are increases | | | | rallying for legislation that limits the smoking of any |
| in the frequency of upper and lower respiratory tract | | | | individual around children. In Arkansas, any individual |
| infections, an increase in the severity or frequency of | | | | who is caught violating the ban against exposing |
| existing asthma episodes and/or symptoms, a | | | | children to second hand smoke can be fined $25, but |
| reduction in the flow of oxygen to tissues and reduced | | | | can avoid the fine if they show proof of enrollment in a |
| lung function in general, and an increase of fluid in the | | | | stop smoking program. |
| middle ear. Second hand smoke has also been | | | | It can be argued that legislation that bans smoking |
| associated with frequent ear infections, throat | | | | around children, in cars, homes, or other enclosed |
| infections, an increase in the frequency and severity of | | | | areas, is a position that places the health of children |
| colds and sore throats, poor or slowed growth, | | | | above the bad habits of the adults that care for them |
| childhood cancers, and Sudden Infant Death Syndrome | | | | and above the civil liberties of those adults. Regardless |
| (SIDS). Second hand smoke is thought to be | | | | of their oppositions, adults must realize that current |
| responsible for more than 10% of all cases of | | | | research overwhelmingly indicates that the effects of |
| childhood asthma, more than 16% of all physician office | | | | second hand smoke on children are predominantly |
| visits for cough and more than 20% of all lung | | | | negative and that these effects must be curbed in any |
| infections in children under the age of five. Smoking is | | | | way possible and as quickly as possible. With many |
| also responsible for a number of children's deaths from | | | | states already employing statewide smoking bans that |
| cigarette-related home fire. | | | | protect all non-smokers from the effects of tobacco |
| There is little doubt that adults are aware of the overall | | | | smoke, it must be realized that states cannot enact |
| dangers of cigarette smoke. Less than 10% of | | | | such legislation without also considering what they can |
| individuals believe that second hand smoke presents | | | | do to protect children. Smokers have been presented |
| no danger whatsoever to the non-smoker. However, | | | | with the knowledge that second hand smoke is |
| many people are not aware of how the effects of | | | | harmful to others for many years, yet parents and |
| second hand smoke are compounded in children. | | | | other caregivers continue to smoke around their young |
| Because of the increased danger of tobacco smoke, | | | | charges. Obviously, something other than educating |
| several states are considering legislation that would | | | | smokers to the harmful effects must be done to |
| ban smoking around children under a certain age | | | | prevent smoking around children. |
| (generally fifteen) in any enclosed area, especially a | | | | It can be argued that such a ban would be inherently |
| vehicle. | | | | difficult to enforce. It has also been argued that seat |
| Arguably, smoking is not against the law for any | | | | belt laws and drunken driving laws would be difficult to |
| individual over the age of eighteen. Therefore, many | | | | enforce, yet fewer people drink and drive and more |
| adults do not consider their smoking as anything other | | | | people buckle up on the nation's highways. However |
| than a legal right. Any attempts to limit that right are | | | | true the argument regarding enforcement is, remember |
| generally met with significant resistance and protest. | | | | it is often not the legal system itself that prevents |
| However, as cigarette smoke is so dangerous to | | | | individuals from violating ordinances such as smoking |
| others, especially children, it can be argued that the | | | | bans, drunken driving laws, and seat belt laws, but the |
| only way to prevent harmful effects to non-smokers is | | | | fear of the legal repercussions of violating the laws. |
| to effect legislation that limits the rights of smokers. To | | | | Additionally, many individuals have found that the |
| date, most states have initiated some form of indoor | | | | enactment of smoking bans have given them the |
| smoking bans. These bans have been met with | | | | incentive they needed to stop smoking themselves, |
| protest and resistance from smokers and | | | | just as states' enactment of new seat belt regulations |
| non-smokers alike. The smokers protest that they | | | | spurred more individuals to employ the use of their |
| have a legal right to smoke and the non-smokers | | | | seat belts, regardless of their initial resentment of the |
| protest that the government is limiting the rights of the | | | | legislation. For some people, the right to harm |
| smoker, and that those limitations may lead to the | | | | themselves just isn't worth the fight in the long run. |