Quote (Santara @ Feb 2 2011 06:26pm)
Lots of things are bad for your health that are legal, but aren't banned in public, including driving, eating twinkies, walking on a sidewalk next to a busy street...
You do not have a liberty to breathe non-stinky air outside, else we'd be banning diesel fueled vehicles and wearing patchouli oil.
When the activity is otherwise legal, access isn't equal.
I'll state this right now...I'm arguing from a utilitarian perspective.
The amount of utility gained from smoking a cigarette in a public place is arguably negative...insomuch as it creates more harm than good.
They damage your health, they damage other people's health, they create a mess, they may deter people from using public places.
The only benefit (and a small one I may add) is the amount of pleasure it gives the smoker...which is fairly minimal. Even if the pleasure gained was something a long the lines of an orgasm, the bad effects would still outweigh the good.
To use cars as an analogy (going over the others is just time consuming) is pretty weak. Why?
Cars serve a much higher level of utility...they get people around faster, in greater comfort, they save time, they allow access to places, etc
Disutilities include pollution and a danger to oneself an others.
This may seem like a poor argument because cigarettes have the same disutilities...but at a much higher rate.
You smoke a cigarette...you will damage your health. You get in a car, you may or may not damage yourself. I've been driving for 7 years now and I have not once suffered an injury from driving a car. Yet, if I had been smoking an average amount for the past 7 years, I would have undoubtedly caused irreversible damage to my body.
Furthermore, the car serves a very high level of positive utility, much greater than smoking a cigarette does.