A little nothing town in northern California, IONE has banned smoking outdoors for years.
And never been challenged either...
I wish I had time, next time I am in the neighborhood, to challenge the total outdoor ban (with ecigarettes.) Better yet, with a fake plastic cigarette, which I have used for hilarity in department stores and restaurants in the past (it's actually a pen.)
The neurotics swooned at the sight of it. From 100 feet away. Upwind.
Not sure if it's a citation offense, or an arrest scenario.
A Constitutional Democracy does not allow arbitrary and capricious laws. A majority vote of demonstrable morons out in the boonies cannot run public outdoor areas to conform to their whim. Even as they are practicing their perversions and killing humans in the womb.
Hyperbole much? Free citizens, freely voting or via their representatives have every right to regulate smoking.