Don, you are correct in this statement and, IMHO, it should still hold true, however, we are not talking about someone deliberately blowing smoke into someone's face, we are talking about people frequenting places that already have, at least, somewhat seperate areas for those who smoke and those who do not. The bigger issue still remains; whether it is a proper function of government to mandate private behavior on private property. Case in point - let's try porno houses. I certainly believe they should be erradicated BUT that doesn't give me the right to tell the government to close them all down. Capish?