Enforceability is an issue for me. People who have read my posts on smoking threads know I’m a pretty hard-line non-smoker, who likes restrictive non-smoking laws. However, a law was proposed in the last town where I lived to prevent adults from smoking with children in the car. It failed on the definition of a child, because the people proposing it wanted “under 13,” and “primary enforcement.” (Primary enforcement means you can be stopped for violating this, as opposed for being ticket for this as a secondary violation when you are stopped for something else.)
Clearly, there is no was to tell if a person sitting in a car is 11 or 13. Children are supposed to be in the backseat up to 12, but they can be in the front seat at 12, and if the car doesn’t have passenger airbags, and the child is over eight, and over a certain weight, they can sit in the front if there isn’t a seatbelt available for them in the back. Also, children are supposed to be in carseats up to 8, unless they hit a certain height or weight before that, so that they are less safe in a carseat (my son hit them right around 7, so I know).
If the statute had called for secondary enforcement only, or if it had specified infants in rear-facing carseats, which would mean pretty much, babies under one, or over one, but either preemies, or very small babies who are more vulnerable to smoke, I probably could have supported it, because it had fewer enforceability problems. That doesn’t mean I would have-- it just didn’t have the glaring problems of the original.
When we pass unenforceable legislation, we make people lose faith in the system, because we make it a joke.
A lot of “protect the children” laws have enforceability problems, and it’s mainly because they have loopholes. You must vaccinate your child-- unless you have a religious or philosophical objection. You must teach them certain things-- unless you have a religious or philosophical objection. I’d love to see the objections to vaccines and teaching evolution removed. Somehow, though, things like that backfire. If I teach my son everything the state wants, can I still send him to Hebrew school, or is someone going to decide that interferes with his homework time, and is “outdated”? Can he take ballet, or is someone going to say that he is hopelessly klutzy, let’s face it, he could be doing something more productive?
Then, social workers are terribly overburdened with the kids with broken bones and parents who molest them, or leave them by themselves for days. If the social workers were sitting around twiddling their thumbs, I might say something different, but right now, the social work system is barely scraping by. Let’s not add more things for social workers to keep track of. It can’t be done under the current system.