That's some good moral relativism you're using in your argument re: smoking, Ryan. How nice of you to qualify your statement, though, by putting "not immoral or damaging to society" in parentheses. Though I agree with your argument, I'm sure there are those who can prove smoking is damaging to society in many ways.
Mike's right. Smoking is a massive public health issue and you could easily argue "damage to society" on that basis.
You know what? As a smoker myself, I was initially mad as hell about the RAM's smoking ban, but I've gotten used to my clothes not smelling like crap after a night of watching the Flyers at Grotto's. I don't even smoke inside my own home, for much the same reason. Besides, people have to work in bars and restaurants, and I'm pretty sure they prefer a cleaner and healthier work environment. When they tell me I can't smoke walking down the sidewalk, however, that's when I reach for my gun!
And anyone can tell you secondhand smoke is even more harmful than irsthand smoke.
I know it's true because I read it on the Internet!
I worked in a bar all summer in Dover - people still come, and many from out of state, even some smokers, say how much more pleasant it is since the indoor smoking ban. A few complain, but that doesn't really stop them from enjoying themselves (at least they don't leave).
From the other viewpoint, I can say that I never would have worked there were it not for the ban. I simply couldn't, because of allergies and the fact that it makes me feel ill. It is very much a public health issue, and nowhere in any Constitution do I see the right to harm other people by sucking smoke into your lungs and blowing it into their faces.
On a more positive note, Southpark was hilarious. Yet another great and topical episode this season.
The second issue is that smoking bans affect private property (i.e. business establishments) and not just public places.
So do regulations on food safety and thousands of other laws meant to protect both workers and customers alike. There is no "right to commit harm," so arguments of constitutionality are shakey at best.
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