In the midst of a fine hammering of the use of false information to support efforts to ban all outdoor smoking Michael Siegel says the following:
There is, in my opinion, simply no justification for invoking the state’s police powers to regulate smoking on streets and sidewalks, places where people are free to move about and where, in most situations, people can simply avoid substantial exposure to secondhand smoke. And I am aware of no scientific evidence that secondhand smoke exposure on streets and sidewalks is a significant public health problem.
Well, yes, it is not a public health problem but it can be damned obnoxious and offensive to a nonsmoker. I can choose whether or not to enter a smoking establishment but why should I have to delay or hasten my walk down a sidewalk because some jerk (being polite) decides to light up right in front of me (other examples are myriad).
Outdoor smoking should be allowed but the smoker should be subject to charges of simple assault and/or battery if the smoke touches another person or forces them to change their position or path in order to avoid the smoke.
Via Hit & Run via To the People