Chicago Tribune - June 16, 2007
Monique A. Garcia and Bonnie Miller Rubin, Tribune staff reporters: Monique Garcia reported from Springfield, and Bonnie Miller Rubin reported from Chicago

"It looked like there were clouds in there. I thought, 'Boy, you're ... probably going to get lung cancer, but that's your business.' But as I got closer, I saw these two little heads ... and thought, 'Oh my God.'"

The state representative from East Moline was sufficiently outraged that he drafted a bill to ban smoking in cars carrying children younger than 9 years old.

While the proposal fizzled, it was just one of dozens of child-related bills introduced in Springfield during this legislative session. From vaccinations to curfews to mandatory hand-washing, lawmakers wanted a say on issues that many believe should be left up to parents. Some won't make it out of the legislature, but others, including major new restrictions on teen driving, await the governor's signature.

Proponents say such measures are a matter of health and safety. Critics, though, bristle at the ever-growing list, dubbing it the ultimate in "nanny government."

"Where is it going to end?" asked Gary Kayser, a smoker from Montgomery. "We can no longer be trusted to raise our children. ... We need the guidance of the nannies and it's superseding the rights of parents."

Today, opponents of the measures say, the culprit is smoking on private property. Tomorrow? The state could mandate milk over soft drinks. Books over video games. Anything over Twinkies.

Some attribute these interventions to a more risk-averse society; others to increased litigation. But whatever the reason, the trend is nationwide, according to the National Conference of State Legislatures. Proposals across the U.S. range from outlawing spanking to curbing cell phone use for teens. And while the current agenda in Springfield may be chalked up to its Democratic leadership, the "nanny" label can just as easily be slapped on a red state as a blue one.

Last year, Arkansas Gov. Mike Huckabee, a Republican, made his state the first to outlaw smoking in cars with kids. Other states considering such bans include Utah and Montana.

Government has always stepped in to protect children, whether removing them from an abusive home or requiring school attendance. But we're venturing into a new realm of intrusiveness, say some.

"The number of issues that conflict with parental autonomy is out of control," said Michael Burns of the Illinois Alliance for Parents and Children. "The role should be limited to preventing substantial harm instead of potential harm -- which is where it's at now."

The flurry of bills comes at a time when children have never fared better. Infant mortality is at a record low, while education, income and life expectancy are at an all-time peak. In an earlier era, mothers would routinely lose children to famine, epidemics and industrial accidents.

"Now we expect children to live to age 85, so we know how much we're risking," said David Boaz of the Cato Institute.

As a libertarian, Boaz believes individuals -- not government -- should decide how much danger is acceptable. But bringing children into the equation complicates matters, he admits.

"Someone has to make decisions for kids -- but who? If you come down on the side of freedom, you lean toward parents. And while they can certainly make some bad decisions ... on the whole, I think governments make worse decisions."

But child advocacy groups say the prospects for kids are rosy precisely because of legislation that has saved lives. Carol Emig of Child Trends, a nonpartisan research group, points to mandatory use of child car seats as a prime example.

"If that isn't seen as an abuse of parental rights, why is it any different from a ban on smoking around children, when we know secondhand smoke contributes to asthma and other health problems?" she said.

That is certainly what Boland was thinking when he stumbled across the fume-filled car.

"These kids were too little to even protest. ... They couldn't say, 'Hey, Mom and Dad, knock it off.' Something had to be done."

Boland's proposal would have made an infraction punishable by a $25 fine. But it never made it out of the House.

Still, the bill raised awareness, said the Democrat, who hopes to try again next year.

Kayser, a retired air-traffic controller, will be ready. He monitors anti-smoking laws and puffed away in the car when his two sons, now 23 and 25, were growing up, despite the fact that one had allergies.

"You open the window," he said. "You don't need a law, ... but the nannies know better."

State Rep. Mary Flowers (D-Chicago) is no stranger to the term. This year, she introduced legislation requiring kids be tested for HIV, that student athletes have EKGs and that schools always make nutritious foods available. None of the proposals picked up steam.

One that did gain some momentum, however, was a requirement that Chicago Public Schools students wash their hands before eating.

"Not everybody's parents stress the importance at home, and that's why we should ... protect our children," Flowers said.

The measure sailed through the House, but is stuck in the Senate Rules Committee and is unlikely to budge during a legislative overtime session focused on state budget issues.

Another bill that many see as infringing on parents' rights was the proposal to require 11- and 12-year-old girls to receive a human papillomavirus vaccination, sponsored by state Sen. Debbie Halvorson (D-Crete). Because of the backlash, the legislation was watered down to just requiring insurance companies to cover the HPV vaccine and that the links between HPV and cervical cancer be explained.

Sarah Marshall, 28, of Bensenville is glad that advocates for children have put protections -- such as safety seats -- in place. Since her boys, ages 4 and 2, were born, she is more aware of everyday threats. And when she sees someone engaging in risky behavior -- say, a pregnant woman smoking -- she finds herself wishing that a cop could issue a ticket.

"It's a parent's job to protect their children," Marshall said. "But when they don't show that responsibility, then we need laws to give them a voice."

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