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Proposed Ban on Smoking in Cars With Kids Raises Fears of Racial Profiling

By DNAinfo Staff | March 27, 2015 11:02am | Updated on March 30, 2015 9:24am
 A bill would make it illegal to smoke in a car when children are passengers. (File Photo)
A bill would make it illegal to smoke in a car when children are passengers. (File Photo)
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CHICAGO — Illinois motorists caught smoking and driving when there are passengers under 18 in the car would be fined up to $100 under a proposal by a North Side state legislator.

"Exposing children to smoke in a confined setting where they cannot protect themselves is dangerous and causes lifelong health problems," said state Sen. Ira Silverstein, whose district includes parts of Albany Park, North Park and Sauganash, among other neighborhoods.

In a statement, Silverstein likened the proposal, which was approved by the Senate Health Committee this week, to laws requiring seat belts and car seats for kids. The proposal now goes to the full Senate.

While health officials support the bill — an American Lung Association rep tetified that the toxic levels of smoke in cars can be far greater than in homes — some black legislators reportedly expressed concern that such a law might be used by dishonest police to hassle African-American drivers.

State Sen. Patricia Van Pelt (D-Chicago), who represents a number of West Side neighborhoods, including West Loop, Little Italy and Garfield Park, said at a hearing in Springfield that she understood and agreed with the health goal of the bill but added, "We are constantly harassed all of the time."

"It doesn't matter that I'm a senator, I'm harassed. It doesn't matter what my son is doing. He's harassed," Van Pelt said, according to an account in the News-Gazette. "I feel that the suffering that a child may have as a result of smoke is far less than what happens when they lose their parents."

Though the law would prohibit police from stopping motorists solely on the basis of a driver smoking, a lobbyist for the African-American Family Commission told the panel "this has the potential" for profiling, according to the News-Gazette account.

According to the state Senate Democrats Office, similar bans have been enacted in seven states, including California.

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