If a company bans smoking at work ... fine. The company I work for already has that in place. What i do at 5:05 is MY business not my company's.
My point is that if they can make this decision, where does it stop? Can they tell me that I can't watch TV because it will rot my brain? I can't play hockey because it's dangerous? I can't have sex a woman because, for all they know she may be a filthy slut, and I can be subjected to AIDS?
But look at it from the opposite way........we are talking about passing laws to prevent this kind of stuff.......if they pass a law to prevent an employer from not hiring someone who smokes, that leaves the door open to force employers to hire people they don't wish.
I don't like the idea of hiring/firing based upon what legal activities one engages in on their own time any more than you do. But I dislike government intrusion even more.