BlueMage said:
I've got every right - they're the ones whose action is infringing physically upon me.
You still don't get it kiddo. Your home is the one and only place where you hold full sway - a place of business, open to the public, constitutes a public place. (Incidentally, this is why I have no objection to the smoking rooms in the VIP rooms of the casino I visit - that's not public, not just any old Joe can wander in.) If I go to your home, and you're a smoker, and I go in (invited) well then - tough shit for me, eh?
So, we get back to physically infringing on another. See, it doesn't MATTER that I, as a non-smoker, walk past a smoker in the street - I'm NOT the one engaging in an action that physically interferes with another. As such, there's no onus upon ME to change what I'm doing - the onus is upon they whose actions are infringing on another.
*sigh*
You don't get it - whether it is public space or not doesn't matter - you are entering private property. You do not have to enter this private property if you do not like what goes on in there, but if you do, then shut the hell up or get out - no one is forcing you to sit there and you do not have an absolute right to enter a pub and demand that you be served: you enter on an implied license that can be revoked at any time by the publican for any reason they like. They, in fact, hold full sway on
their property as the owner.
Your non-existant right to clean air is always going to be infringed because there's always going to be someone pumping shit out in one place or another. Do you think that cars should be banned from public spaces as well seeing that you're being forced to inhale toxic chemicals? Or that cleaning products and aerosols should not be used in spaces open to the public in case your lungs react to the many chemicals and solvents present in those substances?
I'll agree with you that it doesn't matter whether you walk past a smoker in the street, you have no legal right to clean air. They can smoke as much as they want in public space, there's no law saying that they can't, nor are they committing an assault (under English law anyway) by doing so.
The main point I'm trying to make is - go elsewhere if you don't like it. Vote with your feet, just don't try and force your views on everyone else.