Colin,
Dammit! You ask me a question, then screwed up on the answer. It has nothing to do with smoking. It has everything to do with private property. For instance, the 4th Amendment. For that matter, the way smokers are mistreated, it might be referred to the 14th Amendment. BTW, that is the one that many of these so-called 'free speech' cases should reference. "Equal protection under the law".
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