The only moral (and presumably, legal) reasoning for such prohibition outdoors is preventing real (and physical) harm to others; NOT THE RESULT OF NEUROTIC PANIC. This has NEVER been scientifically proven.
In fact, The largest, most detailed true scientific study of second hand smoke was buried by the anti-smokers, both in and out of government, and was prepared by the World Health Organization under the auspices of the UN. It lasted many years, and involved tens of thousands of people, but failed to arrive at the "politically correct" answer.
The neurotic, rabid anti-smokers can be tolerated; the careless government rulemakers cannot. The Constitution still applies to everyone, and most obviously and evidently, the Federal Rules of Evidence have been blatantly ignored.
The latest version is 2012. Remember, these apply by order of the Supreme Court!
Specifically see Historical Note.
I wasn’t so much commenting on second-hand smoke’s health effects, so much as it is obnoxious to non-smokers. Similar to noise violations.
I’ll leave the health issues to people who are more informed on the matter.
No, there are other grounds for laws. Nuisance laws ban loud noise, bright or strobe lights at night, nudity, lewd behaviour, etc.
Now you can make a case there there should be no nuisance laws of any kind. But what about a community’s right to make it’s own laws?
Community and local laws have always been around. Sure, some of them are silly ... like no vegetable gardens in front yards. But people have the opportunity to change those at the local level.