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I'm sorry for your loss but it is still not on topic.
You asked about a theatre owner being able to yell fire in a crowded theatre. If it is posted on the entrance that anyone can yell fire, whether there actually is a fire or not, without repurcussions, then yes I would say I would agree with that statement.
How many people do you suppose would go to that theatre?

People who enter a building open to the public, whether to eat or work there, have a right to a safe environment. Factories are inspected by OHSA, coal and hard rock mines by MSHA and buildings with elevators have a city or county inspection.
If I work in meat packing, or any other industrial occupation,I expect safe working conditions to be enforced. My office is inspected by the fire department and city building inspector. The house I build must be to a certain code, which includes smoke and fire detectors.
All this is an intrusion into privately owned space and probably could be described as a violation of property rights, but is society and are individuals better off because of these developments ?
The city of Springfield may be streching the "health and safety" aspect of their oversight role but its a good step. Tobacco smoke is dangerous, not to mention, offensive. Its not something I enjoy and smoking nearby can ruin a meal for me and my family. There is nothing in tobacco that is beneficial whatsoever.
The council is not reaching into private homes, but into public accomodations, which is a worthwhile effort and deserves support.
I don't miss leaded gasoline in the environment and I won't miss tobacco when its gone, too. The last survey I saw on the subject indicated 22-23 percent of Americans still smoke. Thirty years ago is was closer to 50 percent. Is this filthy habit really something you want to will to your children and grandchildren ?
Before you develop another personal attack, consider my politics: I make two political contributions each year; Congressman Ron Paul and the NRA. I'll match my conservative bona fides with anyone and I put my money where my mouth is.
You ?