Littering the law books

We think people who discard cigarette butts or cigars any place other than an ash tray or trash can are thoughtless cretins.

But they’re not criminals.

At least not to the extent that an Oregon lawmaker believes they are.

Rep. Carolyn Tomei, a Democrat from Milwaukie, introduced House Bill 2676, which would make it a Class B misdemeanor to purposely toss a cigarette or cigar “in any container other than a fireproof container that was specifically designed for the disposal of cigarettes or cigars.”

A person convicted of the offense could be fined as much as $2,500.

Tomei’s bill includes a provision allowing a judge to waive the fine and instead order the person to perform community service.

However, the community service, according to the bill, “must include clearing property of cigarettes, cigars and cigar filters that have been unlawfully deposited on the property.”

That requirement might please people who subscribe to the “eye for an eye” notion of justice. And it’s not an entirely illogical idea.

But we don’t think picking up cigarette butts is in every case the best use of community service. And we certainly don’t want the Legislature deciding the matter.

That it prescribes the purpose of community service is not, however, among our main objections to HB 2676.

One aspect of that bill that does bother us is that it elevates cigarettes and cigars above run-of-the-mill trash.

We see no legitimate reason to do so.

A grease-stained sack from a fast-food restaurant offends our sensibilities at least as much as a cigarette filter does.

And a sack stuffed with the wrappers from half a dozen hamburgers takes up a lot more space on a sidewalk than a cigarette butt.

Ultimately, though, the most compelling argument against HB 2676 is that it’s redundant.

Littering is already illegal in Oregon. The law is ORS 164.805. It’s a Class C misdemeanor to improperly discard any sort of rubbish. The maximum penalties are 30 days in jail and a $1,250 fine.

We still see a lot of trash, which suggests the law is not much of a deterrent. We doubt the threat of community service  will make any difference.