The anti-smoking groups pushed OSHA at one time to start checking tobacco smoke (ETS) for harm to workers and the public. When they pushed too hard OSHA came back and said that many of the elements found in ETS already had PELs (Permissable Environmental Levels) set and that it would take an ENORMOUS amount of ETS to rise to those levels. The antis backed off. The only thing they wanted to hear was that NO permissable level would be permitted.
Most of the 'intrusions' into the property of a business owner have come about because of a proven health risk to the public.
ETS is not a proven health risk. The three largest studies in the world all found statistical insignifigance when looking at ETS and public health.
If it's all about the aroma of tobacco just say so. Don't pull out 'public menace', 'ETS kills 30,000 people a year', etc. It isn't even correlative much less causitative that ETS does more than smell bad to some people that don't have a pre-existing medical condition.
But when he calls people stupid, it's not. Go figure.