[185JHP]

My point was there's no link between an imagined "right to smoke" and the obvious meanings of any of the first ten amendments. We've made heroin illegal, and those who like it/advocate its use might caterwaul, but it's not protected. We could make tobacco illegal just as easily. While cigs are definitely Olfactory Assault Weapons, their use is not protected by the Constitution.

[Max McGarrity]

You're misstating the encroachment--as is typical of anti-smokers. You're right, there is no "right" to smoke, just as there is no "right" to breathe air free from smoke, but there sure as hell IS a right for a business owner to permit a LEGAL activity on his PRIVATE PROPERTY. If the government wants to take his PRIVATE PROPERTY for PUBLIC USE, the business owner must be compensated for it. That's not happening, and it's in direct contradiction to the Fifth Amendment. If you can't see that, you're blinded by your hatred of tobacco.

When they came for the smokers...