That being the case, other people do not have the right to use your air in ways that you do not approve. Most Americans probably agree that people have the right to decide whether smoking is permitted in their own homes, but that is where the agreement ends. For the most part, they are private property simply doing business with the public. As such, the institution of private property rights should resolve any conflict over smoking. The owner of a restaurant or bar has the right to decide whether smoking is permitted on his premises.
Customers have the right to decide the terms on which they patronize the restaurant.
If the owner does not permit smoking, then people who wish to smoke during dinner can decide not to go there. Similarly, an employer who wishes to permit smoking in his offices should have the right to do so. People who wish to work in a smoke-free office environment can simply choose some other place of employment where the owner prohibits smoking. There is absolutely no moral argument for using the power of the state to force a restaurant owner who does not want smoking in his establishment to accommodate smokers. Likewise, there is no moral argument for using the power of the state to force a restaurant owner who permits smoking to prohibit it.