I've never understood the concept of "smoker's rights." (And I'm not only an extremely bright guy, I'm also a lawyer.) Why does someone have the "right" to force me to breathe air that is going to make me physically ill? Or the "right" to force me to choose a different public establishment in order to avoid it? How can anyone possibly argue that the "right" of someone to exhale toxins into the atmosphere outweighs the right not to be forced to breathe those toxins?
Smoking is analogous to carrying around an atomizer of your own urine and spraying it constantly into the air around you. Sure, there are people who don't mind getting their own piss on themselves ... hell, there are even people who don't mind getting others' piss on them. As far as I'm concerned, their habits with regard to such are none of my business ... until they're doing it in public and I'm the one getting pissed on or risking piss in my food or clean laundry or whatever. There are no such things as "pisser's rights," and there are no such things as "smoker's rights." As I said, the two things are analogous ... although smoking might be slightly nastier.
Those of you making the naive argument for letting the "free market" sort things out -- "Hey, just start up your own non-smoking business" -- don't seem to have much understanding of the free market, unsurprisingly. If you want to factor in the fact that non-smoker's subsidize the vastly higher health care costs of smokers, that's a good place to start. You won't be anywhere near a grasp of the issues involved, but it might actually clear a couple of cobwebs. (For extra credit, find a good economics or property textbook and look up "externalities.")
The responses I'm seeing here also demonstrate an immense lack of understanding of what "public accomodations" are, and how they differ from "private property." It saddens me to see people advancing arguments that are exactly the same as the arguments used for decades to deny service to minorities: "It's my business, so why do I have to serve them?"
For those who don't seem to be aware, BTW, the vast majority, if not all, anti-smoking laws are passed for the protection of employees.
Here in California, there were cries and gnashing of teeth before smoking was banned in public accomodations. "Bars and cardrooms will go out of business!" Bars are still very much in business, needless to say, and the cardrooms business went up, even before the hold'em explosion. Yet people continue to make the argument. It must be one hell of an addiction.
Finally, and just out of curiosity: how do smokers not perceive how much they stink? People make fun -- and sometimes rightfully so -- of the lack of hygiene of gamers and poker players (two hobbies in which I'm heavily involved), but as much as I dislike an advanced case of GenCon Reekitis, it's really not that bad compared to the persistent ashtray smell of a smoker. Maybe they do know, and just don't care?