Second-hand smoke, also called environmental tobacco smoke (ETS), is a combination of smoke from a lit cigarette and exhaled smoke by a smoker (American Academy of Otolaryngology, 2010). ETS causes serious illness in adults and children; furthermore, it infringes on the personal rights of children. Side effects are worsened when smoking in a confined space, such as in a vehicle. To protect the rights and health of children, smoking in vehicles transporting minors should be banned in Texas. People think that banning smoking in vehicles carrying minors is a violation of human rights, but it is a protection of children's rights. Children often have no voice against adults who smoke in the car. Children, considered disrespectful, can be punished if they denounce adults. Smokers continue to oppose smoking bans, but current laws protect the rights of the public. Recently, smoking was banned in public housing in Houston in hopes of reducing the effects of direct and second-hand smoke (George, 2014). "Those who oppose smoking regulation altogether may argue that such laws: (1) discriminate against smokers as a group, in violation of the Equal Protection Clause of the Constitution and (2) violate their fundamental right to privacy under the Due Process Clause” (Weismann, 2010). Courts have consistently held that smoking is not a constitutional right. Government regulations on vehicles, which are generally considered private, are nothing unusual or new. Seat belts, child restraints, alcohol consumption, and open bottles of alcohol are examples of laws that regulate private motoring for public safety. Banning smoking in vehicles would be one such regulation. A report from the Surge...... middle of paper ......20). smokefree.org. Retrieved February 21, 2014 from http://www.no-smoke.org/learnmore.php?id=616Thirdhand Smoke. (February 20, 2014). smokefree.org. Accessed February 21, 2014, from http://www.no-smoke.org/learnmore.php?id=671United States., Centers for Disease Control and Prevention (United States) and National Center for Chronic Disease Prevention and Health Promotion ( WE). (2010). How Tobacco Smoke Causes Disease: The Biology and Behavior of Smoking-Induced Diseases: A Report of the Surgeon General. Rockville, MD: U.S. Department of Health and Human Services, Public Health Service, Office of the Surgeon General. Weisman, S. (2010). Children, cars and cigarettes: policy options for smoke-free vehicles. Public Health Law, 1. Accessed February 21, 2014, from http://www.publichealthlawcenter.org/sites/default/files/resources/phlc-policybrief-kidscarssmoke-2010_0.pdf