Friend of mine had a heart attack earlier this year - lifelong non-smoker, healthy active lifestyle, but informed by the medical staff that 40 years of busy gigging in smoky pubs ( usually 4/5 nights per week) had given him the symptoms of a moderately heavy smoker; I know from my own experience that I can now get thru a gig without coughing my lungs up - I would contend that the right not to have one's health so (possibly terminally) afflicted outweighs the right to light up? Sort of like the right not to be killed by a drunk-driver ( I'm old enough to recall the indignity drinkers felt over that issue, at first)? The passive-smoking issue is a real concern, IMO..