Nope, bogus law.
Generally, I would agree with you. But the ban mentioned in the articles covers the sidewalks, alleys, and pedestrian spaces of a downtown area. Downtown areas are usually crowded, so even though it's outside the likelihood of inhaling someone's smoke is more than negligible.
If the ban covered parks or suburban areas I would agree with you. After all, if the nonsmoker is bothered they can just go to another park bench. In a downtown area, though, I don't know if it's fair to expect someone to cross the street to avoid the smoker standing on the sidewalk in front of a bar.