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will be able to successfully sue the smoking owner for interference with "your" pursuit of happiness because "you" were cheated out of being able to enjoy that purchase by a smoker.

Now that is a real stretch. By that reasoning I should be able to sue the company I worked for because they didn't name me CEO, the NFL because I didn't get drafted and was cheated out of a great income, girls and fame. It is the market place at work. You smoke you pay but you have that right, the right to smoke and the right to pay for doing so.

Of course it's a stretch, but then 20 years ago I'd never have imagined the police could set up roadblocks and stop every car for hours to see if you might have a whiff of alcohol on your breath. Even that wasn't enough, so the next step was getting the limit lowered from typically .1 to .08 to increase the arrest rate from the typical less than 1 out of 1000 stopped. So while the specific actions are apples and oranges, the mind-set behind them is not.