As many know, freedom is never "free", nor is democracy always "democratic." Those who are fearful of the negative attention being paid to the current villains of the day (tobacco companies) need to only wait until the next "bad boy" comes along. Sometimes we need to lighten up (no pun intended).
On the other hand, I have no sympathy for tobacco companies, which have made billions at the expense of people's lives. Have you ever seen someone who suffers from emphysema or COPD? Well, I have. It's a horrible way to die. Most of us have addictions that we indulge, but many of them do not impinge on other people's rights to clean air, water, etc. Unfortunately, we can partly blame the irresponsible and selfish who think nothing of blowing smoke in people's faces for much of the backlash today. I, for one, am highly allergic to cigarette smoke. I'm tired of having to move - from the park bench, from the restaurant table, etc. - because of that selfishness. For those considerate enough to go outside to smoke, I applaud your thoughtfulness.
Clearly, we can't legislate morality or even common sense. And I don't believe that hiring practices should be based on whether or not someone smokes. (I would worry more about alcoholics or pedophiles). But when people demonstrate an inability to "do the right thing" in public places, we are right to intervene. The same applies to drunk driver, child molesters, men who pee on sidewalks, and companies that dump toxic chemicals. We have to start somewhere.