Virginia woman sent to jail for smoking around her children

August 13, 2004 

BOWLING GREEN, Va. (AP) - A woman was sentenced Thursday to 10 days in jail for defying a court order not to smoke around her children.

Tamara Silvius was banned last year from smoking around the youths, now ages eight and 10, as part of a custody arrangement with her ex-husband. She allegedly violated the order during a trip to South Carolina for Thanksgiving. For that, Silvius was fined $500 US and was given a 10-day suspended sentence on the condition she not do it again.

But Silvius was back in court Thursday for violating the order a second time in June. Silvius, a pack-a-day smoker, claims the restriction violates her rights.

A judge upheld the order in January, citing medical evidence of the effects of second-hand smoke on children. Silvius has appealed to the Virginia Court of Appeals.