Sometimes it is difficult to do the right thing. Last week, five Aurora City Council Members did something historic. They voted “no” on an ordinance proposed by Girls Scouts to ban smoking in motor vehicles when juveniles are present. It is tough to vote against something proposed by Girls Scouts that purportedly protects children. Seems like a good idea? Right? Not so fast!
Thank you to Councilors Francoise Bergan, Angela Lawson, Crystal Murillo, Dave Gruber and Bob Roth for your “NO” vote on Ordinance 2018-02. Your vote is a “YES” to empower education and individual’s right to make their own decisions about their lives. While smoking is probably not the best choice, it is even more dangerous to empower big brother and big sister to dictate how we live our lives.
This ordinance prohibits smoking in motor vehicles when juveniles are present. If caught, this is a criminal offense which means fines and penalties. Ouch! So much for that goofy teenage mistake of smoking a cigarette while driving around with your little brother in your car.
We probably agree that smoking is bad for kids. However, as Councilwoman Bergan pointed out, what about dogs or Hip hop music? Each year, over 100,000 children under the age of 10 are treated for dog bites. Hip hop music glorifies violence, crime and terrible attitudes towards women. Shall we outlaw dogs and restrict the type of music individuals choose to listen to? I don’t think so. As difficult as it is, we must stand for the freedom for individuals to make their own choices about their lives.
While I’m sure that this would not happen in Aurora, such an ordinance empowers law enforcement to “use their discretion” in enforcing this law. Ultimately, this puts our police officers in the position of picking winners and losers which is inherently unfair and could lead to profiling. Thank you to Councilors Bergan, Lawson, Murillo, Gruber and Roth for recognizing this inherent profiling danger to our communities and youth of Aurora and having the courage to vote “No” on this overreaching ordinance.
Should law enforcement really be empowered to pull over a young, single mom who happens to be smoking a cigarette on her way home from work, and give her a criminal citation? Should our police officers be required to educate her on the effects of smoking instead of focusing on the bad guy that is robbing a grandmother down the street? And what about the impracticability of enforcing such a law for vehicles that travel from other municipalities into Aurora? This really puts Aurora’s law enforcement in a very difficult situation.
Councilors Hiltz and Johnston downplayed the ordinance in quoting very low enforcement statistics. If, in fact, that is the case, we must question why they would support an ordinance that they do not believe should be enforced. It is very scary to give government the power to choose who must obey the law and who doesn’t.
Statistics show that 40% of the people at or below the poverty level have a higher chance of smoking. Ultimately this ordinance will target the poor and require them to pay fines and perform community service. This takes them away from their jobs and family commitments. As Dr. Elka Browning suggested in her testimony against this ordinance, instead of fines and penalties, the most effective way to reduce smoking around children is through education of healthier lifestyle choices.
While well intentioned, this ordinance has far reaching negative consequences on how every day people can freely live their lives. Thank you to Councilors Bergan, Lawson, Murillo, Gruber and Roth for having the courage to do the right thing!
Kim Monson is a former city councilwoman in Lone Tree Colorado, a radio show co-host and an entrepreneur

