Woman Sent To Jail For Smoking Around Kids
No one who has paid attention to me for any length of time should be surprised by my virulent anti-smoking stance. That is why I applaud the judge in this case, who broke with tradition in tobacco-rich Virginia and decided it was time to come down on the side of the health of the children.
BOWLING GREEN, Va. -- A woman was sentenced Thursday to 10 days in jail for defying a court order not to smoke around her children.
Tamara Silvius was banned last year from smoking around the youths, now ages 8 and 10, as part of a custody arrangement with her ex-husband.
She allegedly violated the order during a trip to South Carolina for Thanksgiving. For that, Silvius was fined $500 and was given a 10-day suspended sentence on the condition she not do it again.
But Silvius was back in court Thursday for violating the order a second time in June. Silvius, a pack-a-day smoker, claims the restriction violates her rights.
A judge upheld the order in January, citing medical evidence of the effects of secondhand smoke on children. Silvius has appealed to the Virginia Court of Appeals.
Mark A. Murphy, an attorney representing the children's father, noted that Silvius is free to smoke on days when the children are not with her.
If Ms. Silvius had a problem with this order, she and her attorney should have raised the argument before she agreed to the custody arrangment. She did sign it and agreed to abide by it, so she has no grounds to complain. If she willingly and knowing violates the agreement, she should be held accountable. Besides, since when does her "right" to smoke outweigh the health of her children?
When will we stop coddling smokers, and start recognizing that tobacco addiction is every bit as destructive as alcoholism or drug addiction? Never mind the fact that her children will be adversely impacted by her second-hand smoke. It would seem that Ms. Silvius is more concerned with her "rights" than with the health of her children. If I were her ex-, and she continues to violate the order, I would move to have her custody rights terminated. After all, shouldn't someone be looking out for the welfare of the children?
