"Tobacco is legal but you can't make someone else breath it based on the same princible. "
Actually, this is flawed, nobody is being forced to breath it. The same law was thrown out by a judge in Nassau county. It has a good chance to be overturned.
If someone was REQUIRED to go to a restaurant/bar/private business such as say children are required to go to school, then it would be different, but last I checked, there is no law requiring you to eat at a restaurant or bar.
It is not legal to ingest Rat Poison ever, so your point does not hold water. It is legal to inhale Tobacco.
Laws prohibiting smoking in the workplace have been upheld for at least twenty years. People should not be forced to smoke second hand smoke just to choose bartending as an occupation.
As I suggested bars could have rooms for smokers as long as employees were banned from them under this law.
Your smoke is poison even if you deny that it is so. It isn't as fast as rat poision but just as deadly in the end. Tobacco would be made illegal if possible. The fact is it is not possible at this point, there are just too many smokers addicted to it. Society is the reason it is legal not science. It would be illegal were it a new product.