Lighting up with children in your car is already illegal in 8 states, and if Democratic Erie County Legislator Patrick Burke has his way, Erie County could be next.
"We wouldn't allow children to smoke before the age of 18. I don't know how we would allow them to inhale second hand smoke."
Burke has proposed a new local law that would make it illegal to smoke with anyone under the age of 16 in your car. The ban would cover any substance which contains tobacco, including E-Cigs. Violating the law could be punishable by a fine of up to $150 for repeat offenders and at least one Buffalo smoker thinks the law is long overdue.
"I think it's an excellent idea." said Teresa Goepel, of South Buffalo. "It should have been passed a long time ago, just like they did with seatbelts.
Burke says his children are the driving force behind the proposed law. "Being a father, having three children, the idea of people forcing my three kids to inhale second hand smoke, to inhale carcinogens without any choice is wrong.