Yes, a person should be able to walk on the sidewalks without being subjected to a nuisance like tobacco smoke. But smokers make up a declining minority of the population, so how often is a pedestrian really going to be inconvenienced? To me, it would make more sense just to take the long way around a smoker every once in a while than to subject innocent and unsuspecting visitors in my city to a draconian fine.... simply for engaging in an otherwise-legal activity.
You don't get it do you my man? If the people voted that conservatives on forums like us advocating for limited government should be rounded up and shot point blank would you line up next to me and go along? It's democracy after all. The people have spoken.