I seem to have touched a nerve.
However, you HAVE hit on the key issue: the person with BO as a product of a real medical condition cannot control said odor (and is protected under the ADA). A person who merely does not bathe can, but chooses not to. A smoker can control his emissions of cigarette smoke. Enough refuse to do so that their emissions are controlled for them.
Ummmm -- just in case you've been under a rock for several years, smoking is the single most difficult habit to break. Over time, smokers become "dependent" (not necessarily "addicted") upon the nicotine, and the little puny gum things don't cut it, nor do the little patches. (BTW -- we can thank the cigarette manufacturers for that, for their little additives that they have been allowed to use. Again, that's just in case your rock didn't get cable!)
Not to mention that some people enjoy smoking, which is within our rights! All of the smokers that I know personally are considerate of others when they light up. I am bedridden, so I don't really have a problem about lighting up whenever I want to, except when a non-smoker comes to visit. Then I do not smoke, out of personal consideration. But that is my choice. However, you cannot legislate manners. The NicoNazis made sure that this thread is full of evidence of that!
P.S. When you "touch a nerve," you will know it. Without a doubt. I'm not even close to having my "nerves" touched! But you DO crack me up! Is that close enough?!