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Follow on Google News | It's Kids' Turn to be Protected From Tobacco Smoke - 2 ReportsAlthough most states protect adults from exposure to tobacco smoke in workplaces, restaurants, or bars, not one state yet provides comprehensive protection for children, but several studies show dramatic progress is being made to protect kids
As the NEW YORK TIMES just reported, more and more states and localities are moving to ban smoking in cars when children are present, with Maryland now joining the list. http://wheels.blogs.nytimes.com/ The article provides information provided by Professor John Banzhaf that "the concentration of pollutants in a car when one person smokes can exceed the smoke pollution level in a typical bar. Though smoking in bars has been banned in many states, some of those same states provide no similar protection for children in vehicles." The dangerous concentrations of carcinogens and other toxins which rapidly build up in a car, even with only one smoker and the windows rolled down, is dramatically illustrated in a video. http://www.ksl.com/? Meanwhile the WASHINGTON TIMES, a more conservative newspaper which has opposed many of Banzhaf's legal actions, was nevertheless recently forced to report that "Smokers Losing Child Custody Cases a Growing Trend." http://communities.washingtontimes.com/ The article provides the following summary based upon information provided by Banzhaf, and based in large part of the impact of his legal actions: * In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody. * No judge and no court has ever ruled that subjecting a child to tobacco smoke should be ignored in deciding custody. * In thousands of cases, courts have issued orders prohibiting smoking in the presence of a child, especially in vehicles. * In some cases the orders prohibit smoking in a home 24 (or even 48) hours before the child arrives. * In some cases, parents have lost custody or had visitation reduced because they subjected a child to tobacco smoke. * Existing court orders regarding custody, visitation, etc. can often be modified if a child is being subjected to tobacco smoke. * Courts sometimes consider the smoking habits of others who may have contact with the child, such as grandparents, friends, and “significant others” when making custody decisions. In addition to court orders - now in the great majority of states - banning smoking in homes and cars to protect children involved in custody disputes, a growing number of states have now banned smoking in homes and cars when foster children can be affected. This has now led to laws banning smoking in cars when any child - not just a foster child - is at risk. In another development, there is growing agreement that subjecting a child to tobacco smoke pollution in the home can constitute "child abuse," especially when it triggers an asthmatic attack or other life threatening condition. Indeed, as the NEW YORK TIMES reported based upon a study in The Archives of Pediatrics and Adolescent Medicine, "At least 6,200 children die each year in the United States because of their parents' smoking, killed by such things as lung infections and burns . . More young children are killed by parental smoking than by all unintentional injuries combined." http://www.nytimes.com/ "Unlike adults who can easily avoid or quickly leave places like bars and restaurants when smoking occurs, millions of young children daily are trapped inside rolling smoke houses where the concentration of tobacco smoke pollutants in the family auto can reach levels 20 times higher than in a smoky bar, and exceed levels the EPA has determined are HAZARDOUS to adults as well as children," says Banzhaf. "Finally we are beginning to take steps to protect the most vulnerable and defenseless nonsmokers - our children," argues Prof. Banzhaf, the man who started the nonsmokers' rights movement, and developed the legal theories under which children are beginning to enjoy some protection in courts and before a few legislative bodies. JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D. Professor of Public Interest Law George Washington University Law School, FAMRI Dr. William Cahan Distinguished Professor, Fellow, World Technology Network, Founder, Action on Smoking and Health (ASH) 2000 H Street, NW, Suite S402 Washington, DC 20052, USA (202) 994-7229 // (703) 527-8418 http://banzhaf.net/ # # # John F. Banzhaf III is a Professor of Public Interest Law at George Washington University Law School [http://banzhaf.net/] End
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