Bangor Leaders send Constitution up in smoke

Mayor Richard D. Greene of The City of Bangor, Maine is leading the vanguard thrust to protect children from second-hand smoke by shredding The Constitution and supporting a traffic law that has absolutely nothing to do with traffic or public safety.

The City of Bangor just passed and enacted a law which gives police the authority to stop any motorist who is: 1) smoking in their vehicle and 2) has a juvenile (child under 18) in that same vehicle. The result of such an infraction is a civil fine of $50.00.

Okay, lets review. Every court in the nation has held that, with only a few exceptions, a person has the same RIGHT to privacy in their vehicle as they have in their home. Next, a traffic safety law is supposed to be just that, a law that improves traffic safety. Finally, smoking IS a health hazard, but this law, while well intentioned, is subjugating each citizen's Fourth Amendment Right, "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" for the sake of an anti-smoking campaign.

Bangor and Mayor Greene have missed the proverbial broadside of the barn by taking such a narrow shot at dealing with the 1000 pound gorilla no-one REALLY wants to confront.

First lets deal with this law. It has been written as an ordinance that is a part of the city's traffic laws. What does this law do to improve public safety on the streets of Bangor - NOTHING. How does this law make it safer to drive on the streets of Bangor - IT DOESN'T.

Next, the City officials claim they are giving police officers this broad authority to stop you for this violation because second-hand smoke is such an immediate danger to the development of a child. In fact, Mayor Greene was quoted in the January 19, 2007 edition of The New York Times as saying, “I think it boils down to common sense: smoking is not good for you. Certainly if you have young children who are in the process of developing and growing, it’s even worse for them. You wouldn’t say, ‘Hey, here’s a bottle of mercury. Go bob it around.’ ” Okay, Mr. Mayor, if this is such a risk then why does this law rise ONLY to the level of a CIVIL INFRACTION. No Misdemeanor, No Felony, No Jail, No Prison, just a $50.00 fine?

I am appalled and ashamed that you and five other members of the Bangor city council went out of your way to give the Bangor Police the authority to make what every court in the nation calls a "detention" or "arrest" and a serious infringement on MY Constitutionally protected Fourth Amendment Rights against warrantless seizures so YOU can try to get me to quit smoking!!!

My response is simple. If second-hand smoke is such an immediate and serious danger to the health of our children then we must confront and kill the proverbial 1000 pound gorilla. We must fully and completely prohibit the possession, use, sale, delivery, and cultivation of this dangerous substance. Tell the tobacco lobby to go to hell, tell the tobacco farmer enough is enough, and tell the multi-billion dollar a year cigarette companies that the United States will no longer tolerate their abuse of our fellow citizens. Cigarettes ARE BAD FOR YOU, DUH!!!!!!!
Cancer and the other associated diseases attributed to cigarettes WILL KILL YOU!!!!!!

So, GET RID OF THE CIGARETTES and the rest takes care of itself. As for Bangor, I'm glad I live in Florida.