Governor Shouldn’t Sign Smoking-Fine Bill
Recently, the president of the Virginia Senate signed House Bill 1348, which fines drivers for smoking in cars with children younger than 8. The bill, which awaits the signature of the governor, has good intentions. Secondhand smoke is a serious health hazard. Since the early 1990s, the government has classified it as a known human carcinogen, responsible for thousands of deaths annually among nonsmokers.
But Gov. Terry McAuliffe should not sign the proposed bill. The new law threatens the Fourth Amendment right to be free from unreasonable searches and seizures without providing substantial benefits to public health.
The new law relies on the police for enforcement, but it doesn’t authorize officers to stop drivers just for smoking with children in a car. So the only way to enforce this law is to come up with a reason other than smoking — essentially requiring a pretext to pull a smoker over.