That is a very different situation. If a place of business such a resturaunt allows smoking it it, one simply doesn't have to patronize it. The actions you are talking about are taking place near where people live and are also bad for the environment.
Jeff
Actually, its not really that different. See my post to Cruentus. The crux of this situation, Jeff, is that this is a "pollution" issue. Have you ever wondered what would happen if OSHA stepped in and applied the protective measures to the harmful chemicals that are spread throughout the workplace from 2nd hand smoke?
People would have to wear face masks and eye protection from the particulate pollution alone. The does not take into account the levels of chemicals that are in the air...and if people actually knew about THAT it would really surprise people.
For example, when I was in college I borrowed a Benzene PPM meter and went down to my local watering holes to measure the levels of this carcinogenic substance. In every establishment that allowed smoking, the levels were above the government's reccomendations. In a few really smoky places, the levels were three times above the limit. When I finished this simple study, I wrote an article in our school paper about it.
Another thing I want to point out is that ventilation systems do not help. Both MN and WI are considering statewide smoking bans and both states have commissioned studies on the pollutants and on the various measures taken by business owners to curb the effect of these pollutants. These studies showed that no measure reduce the levels to what would be considere safe by any metric.
The end result of these studies is that both governers in each state, Democrat Jim Doyle and Republican Tim Pawlenty, have pledged to sign statewide smoking ban legislation.
The bottom line is that the science and the reasoning behind the universal smoking bans is strong enough that people on both sides of the political spectrum are convinced. Even staunch conservatives in my home state are saying that the "propertie rights" argument just doesn't hold any water in the light of all these findings.
In many ways, I am heartened by these findings because it shows that science can sometimes triumph over ideology...and that is mostly a good thing.