The best argument put forth by the nanny staters is for the workers' right to a safe working environment. The problem is that many of these workers, some well educated , are willing to endure this hardship - and the effects are not as catastrophic as many nanny staters would let one believe. I lived 17 years with parents who were nicotine junkies [far more exposure than that from 4 years of part time work], and while I currently have asthma, I am in better condition physically than 99% of the population, including over 95% of those in their 20s. If we were really concerned with the innocent worker, we would either mandate a higher minimum wage - or hazard pay - for those working in smoker environments or give preferences to smoker applicants for positions in these nicotine infested environments. Some of the establishments might convert to smoke free environments just to hold down labor costs. In any case it would be preferable to having a poorly enforced law - or increased exposure to drunk driving due to smokers drinking farther from home. Haven't we learned anything from Prohibition - or the idiotic "War on Drugs" which increases violence, undermines respect for law, and makes life even more dangerous for the innocent?