Schual-Berke bill protects children from secondhand smoke

 January 22, 2008

OLYMPIA -- State troopers, firefighters and health advocates all testified in favor of a measure by Rep. Shay Schual-Berke (D-Normandy Park) to ban people from smoking in cars when their children are inside.

"The poisons from second-hand smoke in cars rise to 30 times the clean air hazard level within 60 seconds, and may last for more than an hour and a half, even if the window is open," said Schual-Berke, a retired cardiologist. "Adults may not know that these toxins are linked not just to asthma, bronchitis and cancer, but to SIDS (sudden infant death syndrome) and the retardation of normal lung development in children."

Schual-Berke’s bill would make the infraction a secondary offense, meaning the driver would have to be pulled over for another reason, like speeding, before they could be ticketed.

"There's a shocking similarity between the exhaust that comes out the rear of the car and the second-hand smoke inside the car," said Michael Shaw, who testified on behalf of the American Heart Association. "You wouldn't want your kids sucking on the back of a tailpipe, so don't smoke in your car."

Caitlin Borges, 16, of Lacey told lawmakers how her older brother smokes while driving, and has told her she can get out and walk if she doesn't like it. 

"If a 16 year old gets shut down when she asks the driver to stop smoking, imagine what happens to a little kid,” she told the committee.  “I wanted to talk to give a voice to all the kids and teens out there who don't have a voice." 

The legislation has widespread support from many organizations including the Children’s Alliance, American Cancer Society, American Heart Association and American Lung Association. Law-enforcement agencies, state troopers and firefighters also back the bill.  No one testified in opposition to the bill, including the tobacco industry which said they encourage adults not to smoke around children.

If the bill passes, Washington would join California, Arkansas and Louisiana in banning smoking in private vehicles carrying children.  Twenty-seven other states are also considering similar legislation.

Related Links
HB 2519