You are making the claim that smoking around others should be illegal. And if that's the case then you may as well be saying that smoking all together is illegal because I defy anyone to attempt to smoke where it will not affect anyone else.
But that's easy. If you read the entire discussion you will find that these things have already been defined.
Smoke in your own house, with no children present, and you are smoking without harming others.
Smoke in the open, where there is enough fresh air for everyone, and you are smoking without harming others.
It's really just like throwing bottles.
This is in fact how it is done here in Ireland, where smoking in public places (enclosed such) and businesses is illegal. I think the argument that therefor all of Ireland doesn't smoke is a bit weird, especially since some research should have told you that that isn't the case. And I seem to remember that someone here actually found that out. Oddly enough he thought that telling me that smoking is not completely illegal in Ireland would prove me wrong while you believe that telling me the exact opposite now would be a point.
Whereas you can safely throw a bottle in your own house (provided there are no children or other people who might be in your way) or even in the open (if you don't hit anyone), you cannot do so in a crowded bar or a place of work because you will startle people if not directly hit them.
And my argument here is that by entering the establishment that allows smoking you are giving your consent to be around people smoking.
No, I don't. I might merely realise that I will have to undergo certain discomfort for the sake of whatever else it is I really want. But that doesn't mean that I would, for example, start throwing bottles at people and then complain that they obviously agreed to me doing that to them because otherwise they wouldn't have come into that same place. (Plus, the land lord didn't put up a sign prohibiting throwing bottles at people.)
There is nothing forcing you to enter that establishment it is your choice. As others have said "money talks".
I don't accept that.
I believe that from the beginning, before anything else even comes into it, other people, including smokers, have no right to harm me. There is NOTHING that can give them the right.
When I walk into ANY public place or place of business I DEMAND that I not be attacked or otherwise harmed by people in that place, REGARDLESS of the will of the owner of the place.
People have neither the right to shoot me, nor to throw bottles at me, nor to smoke next to me. And that's how it starts.
And despite the fact that factory workers might agree to such terms (because they would be out of a job otherwise), I do believe that the state has the right to regulate safety in a factory. "Money talks", yes, but it shouldn't have to. Individual rights are not things that are bought and sold on the market, something that I have when I have enough money to afford them.
I refuse to have to pick between different restaurants based on which particular violation of my rights I am willing to endure, just because "money talks" and there might be a majority in the market that make the market shift against me.
The market is an excellent mechanism for all sorts of things, but it's not a good mechanism for determining which rights individuals should have.