What an illogical, anti-liberty and actually anti-American argument.
Last I checked, theft, of any kind, including bank-robbery, is and always has been a crime. Smoking, on the other hand is not now, and has never been, a crime. The principles of liberty, which our founding fathers well knew, but modern Americans--like yourself--have forgotten, is that if actions cause no harm to others then freedom dictates we permit them. Indeed, freedom dictates that government does not even have the right to forbid them.
On private property, legal activity should be permitted. Period.
If you carefully investigate the "science" on 2nd hand smoke, you'll find, its just not there. Of course the science against smoking (1st hand, if you will) is there--by the tons. However 2nd hand smoke--due to the number of variables (ventilation, numbers of smokers, airspace of the room, time in the room, frequency in the room, etc. etc.) are so great, its nearly impossible to do meaningful studies. That hasn't kept those who PREFER not to smell smoke (its not, at bottom line a health issue), from forcing, with a fascist mentality, their opinion on private property owners, and their patrons.
No one is forced to go into a particular establishment--nor are employees forced to work there--so no one is EVER forced to breath in 2nd hand smoke. Why is it an issue then?
Neurotic, feminized, freedom-hating individuals just love to run the lives of others, that's why. It's very sad that numbers of "conservatives" are among them.
I added this comment to a new section of my profile page called "Favorite Quotes from other FReepers". If you have any objection to this, let me know and I'll remove it.