The nanny-staters who pass these laws don’t care. And the majority of voters don’t care to hold them to account.
When it’s their vice or necessity that gets banned the voters will suddenly care. Smoking was the least path of resistance for the nanny staters to get their foot in the door. Success in banning smoking, the election of Obama and Democratic control of the house AND Senate will embolden them like never before, and many Pubbies will continue to go along.