Posted on 07/21/2006 3:37:38 AM PDT by SheLion
Cops in North Platte won’t be busting anyone for exposing children to secondhand smoke in motor vehicles.
Lincoln County Attorney Jeff Meyer says he personally doesn’t like the idea of smoking around children, but it is not barred by law and doesn’t qualify as child abuse.
Police Chief Martin Gutschenritter sought the county attorney’s advice based on a recent national study, reporting on the danger of secondhand tobacco smoke. Gutschenritter wanted to know if police could ticket people, who smoke when children are in their vehicles, for child abuse.
”Generally, acts that are not specifically proscribed against by statute do not rise to the level of being criminally sanctionable,” Meyer told the North Platte Telegraph.
Gutschenritter said he hoped state or local policymakers would make such conduct illegal.
07/19/2006
Smoking with kids in vehicle
By JOHN LINDENBERGER , The North Platte Telegraph
Can drivers who expose their young children to secondhand smoke in a vehicle be charged with child abuse? Lincoln County Attorney Jeff Meyer says no.
"It is my opinion that based upon the current state of Nebraska law, the exposure of minor children to secondhand smoke does not rise to the level of being criminal," Meyer said in a letter to Police Chief Martin Gutschenrittter.
In a follow-up interview, Meyer said he personally feels smoking around children is not a good thing. However, he feels that it is not for the courts to make new laws on this issue.
"And I certainly don't think it's for county attorneys to make new laws," he added.
In his letter to the police chief, Meyer acknowledged there is no argument that secondhand smoke is detrimental to a child's health, and he feels efforts to prevent children's exposure to secondhand smoke are certainly noble.
"Generally, acts that are not specifically proscribed against by statute do not rise to the level of being criminally sanctionable," Meyer said.
Since exposing children to secondhand smoke is not specifically addressed by state statute, Meyer said he feels there is no probable cause to arrest an individual for this act alone.
"If there is no criminal act to prosecute, there can be no probable cause to arrest for an act which is not recognized as criminal," Meyer said.
In addition, Meyer said he does not feel exposing children to secondhand smoke fits within the definition of child abuse. Therefore, such an act would not be considered criminal under child abuse laws.
In response to Meyer's letter, Gutschenritter said he hopes that the North Platte City Council or the Nebraska Legislature will consider passing legislation as they are doing in other states.
Despite being advised not to take action on this issue by Meyer, Gutschenritter feels that the issue has raised awareness within the community, and for that he is thankful.
"I knew it would be controversial and I knew it would also generate conversation and debate. I was right," Gutschenritter said. "My main hope, however, was that it would benefit our youngsters, and I believe I was successful there as well."
He said he has received many letters and phone calls from people throughout the nation who had allowed their children to be exposed to secondhand smoke. Most thanked Gutschenritter for bringing the issue to their attention.
Gutschenritter said some even pledged to protect their children from further exposure to secondhand smoke. One such parent, who is also a local restaurant manager, announced she plans to take steps to make the restaurant smoke-free to protect adults as well.
Sorry I don't need another parent
" "And I certainly don't think it's for county attorneys to make new laws," he added"
At least the prosecutor respects the rule of law on this issue.
Apparently the sherriff doesn't have enough to do finding meth labs - That is the true epidemic in his area of the country.
The Chief run out of criminals and needs to make up some more so he looks like he's doing something with himself?
SHEESH!
Guchtenritter sounds like a gestapo agent who has nothing better to do than harass people who are minding their own business. Going around looking for trouble is no way to do get the job done. If the Police Chief hasnt got enough for his troops to do, harassing non-seat belt wearers and radar gunning tourists, maybe he can go after cars with broken windshields or something.
"Generally, acts that are not specifically proscribed against by statute do not rise to the level of being criminally sanctionable,"
KUDOS to the County Attorney here, for not getting into the legislative business.
Tell me about it! Partnership for a Tobacco Free Maine forced private business owners to go smoke free, and yet Maine is running at least two meth clinics!
I second that!
She OWNS the restaurant and can make any rules there she jolly well pleases.
That she can, in fact I encourage her to do so.
Thats my big problem with most anti-smoking legislation, it robs property owners of their right to operate a business as they see fit.
My problem with her is merely her attitude, that SHE has to Protect ME from Myself.
I grew up 30 miles north of this town. It was never like this (liberal utopia/sarc). It really scares me that there are ones in power in small communities like this who think they know "what's good for us".
North Platte used to be a good town to visit.
This sheriff is getting a letter from me.
Sorry...I ment the "Police Chief" need a letter
It's unreal. We elect people into office to work for US, not against us! But once in office, they become power hungry and can really stick it to us AND the private business owner.
These lawmakers have no regard at all for private business owner's revenue. And these bans are choking our economy!
If not, it's damned close! But, addicts of any sort rationalize.
Thanks for the ping.
Sounds like this idiot needs to find another job.
I just cannot see the rationalization behind this kind of stupidity. It needs to stop.
Addicts? Certainly. However they are legally using a legal product. If you are so against the use of tobacco get youself elected (legally) and propose making the legal substance illegal. Double dog dare ya!
It is not government's job to nanny adults over the use of a legal product. If they tried to make it illegal, I would object on principal, even though I despise the stuff. But when the addiction overwhelms the concern for the health of one's own children, it's time to rethink it.
"Tell me about it! Partnership for a Tobacco Free Maine forced private business owners to go smoke free, and yet Maine is running at least two meth clinics!"
LOL Typical of the NE! MA did the same thing, then allowed for the sale of needles without prescription. But that of course is all for the children!
Thanks for the ping!
My Grandparents all smoked, my parents all smoked and all of my early adult relationships smoked. None of us kids ever smoked. I don't have any health issues that could have been caused by cigs. I have a real hard time with the notion that smoking around kids is harmful based on my own experience.
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