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Queens smokers have expressed a variety of responses to proposed legislation from Councilman Jim Gennaro (D-Fresh Meadows) that would make it illegal for anyone in a vehicle to smoke when someone under age 18 is present, though many side with the proposed law.

“If there’s a child in the car it should be prohibited,” said Dave Moyer, who is a smoker with an 11-month-old child. “It’s almost endangering the welfare of a child.”

Moyer added that “at the same time, it’s giving the government more power than they should have.”

Melissa Tufarella, who is a smoker with a 14-year-old daughter, agrees with the under-18 legislation and doesn’t smoke in the car with her daughter. “I don’t even smoke in the house,” she noted.

Max Vitolo, a smoker who has kids ages 5, 3 and 1, only smokes in the basement of his house and uses air purifiers in the rest of his home. “If you have a little bit of knowledge and a little bit of a brain you wouldn’t smoke in the car,” he said.

Gennaro’s legislation was introduced to the City Council earlier this week. Last Thursday, he stood outside City Hall in Manhattan to rally support for the bill.

The New York City Police Department would enforce the law, which would tentatively come with a $100 penalty for each violation.

“It is my belief that people’s right to privacy doesn’t extend to force-feeding their children cigarettes within the confines of the car,” Gennaro said. “This legislation will act as a deterrent, will inform parents of the dangers of secondhand smoke and will help to de-normalize smoking.”

Children who spend one hour in a smoke-filled room are inhaling as many dangerous chemicals as if they had smoked 10 or more cigarettes, according to the Mayo Clinic. In a vehicle where there is only several cubic feet of air, this is increased.

Second-hand smoke is a risk factor in the introduction of new cases of asthma among children and adolescents, according to the American Lung Association. It also exacerbates up to 1 million cases of asthma per year in the U.S. In New York City, roughly 300,000 children suffer from asthma.

Supporters present at the event included Councilman David Weprin (D-Hollis), representatives from the Center for Tobacco Control at North Shore-LIJ Health System, the Rockland County legislature, the Keyport, N.J. Board of Health and The New Jersey Group Against Smoking Pollution.

“Second-hand smoke kills, and there is no disputing that fact,” Weprin said. “We must employ all means within our power to ensure that minors are not subjected to the dangers of secondhand smoke simply because they are passengers in a car with an adult who smokes.”

Gennaro’s legislation is modeled upon a law passed in Rockland County in June that made it illegal to smoke in a car carrying minors.

But some believe that the legislation would be infringing on personal liberties. “We’re talking about a legal product and a legal behavior,” said Audrey Silk, founder of NYC Citizens Lobbying Against Smoker Harassment. “If they can do this in our cars, there’s no reason not to believe that they wouldn’t come [to our homes] next.”

She also said that she believes much of the research on second hand smoke is inconclusive. “We wouldn’t be where we are with this issue if it weren’t for the fraud that second hand smoke is harmful. It still remains debatable. There are studies out there that say otherwise.”

Some smokers in Queens agreed.

“That’s against your own personal Civil Rights,” said Keith Wander, who is a smoker. “You can do whatever you want in your house and in your car. It’s at the parents’ discretion whether you can subject your kids to that.”