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Restaurants have the right to be non-smoking if they choose to be, regardless of the absence of local laws restricting it. In fact, there are many and it is becoming more and more common. Nobody forces you to dine at a place that allows it.
Be realistic about the risks of second hand smoke. If all of your exposure is due to restaurants, bars, and passing people outside of buildings you are not going to suffer ANY real consquences. That anti-smoking nazis would like you to believe otherwise but unbiased science would refute it.
Be honest, you don't like the smell. That is it.
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