Well, it's not an enumerated right, but then neither does it allow for a non-smoking ban. So where it is not specific, it is the people's right of choice, there being no compelling state interest. In the case of second-hand smoke, there is no compelling state interest, as the fraudulent study that nic-nazis use to hammer town councils, et al, was trash-canned by the SCOTUS years ago as being phony.
No smoking bans are clearly lacking in legitimacy and are an an attack on the very basis of our Republic -- the right to pursue happiness and manage our own private property, unhindered by fascist-leaning, despotic politicians and those who buy them off and put them in office.
Wow! Well said! Bravo!