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it's pretty simple here. Your rights do not eclipse my rights. You have the right to free speech, but that doesn't mean you're allowed to break in to my house and shout your message in my ear at 3am, because that would trump MY rights.
You have the right to smoke all you want as long as you're not poisoning me while you do it. You smoke near me, you're poisoning me.
There's nothing wrong with a smoking ban, and everything right. If you want to kill yourself, go right ahead, but do it in your own house or car.
Oh and by the way it's not just an issue of "well you can choose not to patronize those restaurants if you don't like smoking"
There's the health of the staff to consider. They don't have that choice.
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