Insidious, but think of the children...

The other day (it was Tuesday, March 25, 2008, at lunchtime) I listened on WMPG, the USM radio station, to a show called Home Dad, where the host was interviewing Elinor Goldberg from The Maine Children's Alliance, talking about their accomplishments in making life better for Maine's children. It turns out that organization's lobbyists have a referendum before the state legislature to ban smoking in an automobile with children under 16 in it, anywhere in the state. A similar law (though local) was passed last year in the city of Bangor, and Ellie was incredibly proud of the success of that law, and so explained they were going statewide with it.

Now, during the course of the discussion, Ms. Goldberg admitted it was a controversial law in several ways, and wandered off into vague explications of the (obviously confused and wrong-headed) points of the bill's opposition. Who could oppose a law which promoted the health of those cherubic kids? And her coupe de gras for anyone still unconvinced was her assertion no one has been arrested since the law was passed! So in other words, the law is not enforced. Point made, case closed.

Ellie, let me put it to you simply why I so vehemently oppose this law. The automobile, like the bedroom, bathroom, kitchen, doctor's office, and a (very) few other places, is a personal, private space which is not subject to searches, oversight, invasion, or imposition of regulations from any outside power without a warrant issued by a judge who has been presented with probable cause. The state can't occupy that space, nor dictate how it shall be used, nor what is said in it. This proposed new anti-smoking ban in automobiles with young children inside, wrests control away from one of the last few private spaces left in the control of citizens, and gives it to state regulators to oversee.

The fact no one has been charged with breaking the law does not change the fact that another of our last personal spaces has been appropriated by the state. No matter how compelling the reason for misappropriating that space to state control, it's wrong. Creating an unenforced (and probably unenforceable) law just adds to the injury of it. From here it's just a few, small, feel-good little helpful legislative initiatives to allowing regulatory oversight into our kitchens, bedrooms, bathrooms, and doctor's offices. Think about it. What are we trading away for the benefit of childrens health? This harmless and unenforced law on the books could form a key stepping-stone to some future fascist legal code. Our children will not be amused.

This is a bad law, setting a bad precedent, and anyone with a conscience should oppose it with all their might. Call and write your state legislators today. Do it for the children!