If it were punishment, then it would be more than just a ban on smoking in public. It's not an issue of comfort, solely, it's also an issue of health. It is the duty of the government to protect the health of it's citizens, while still allowing them to kill themselves.
For the record, I am not a non-smoker - people smoking around me causes me no discomfort (though I'm aware that it is still damaging my health).
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Vita brevis,
Occasio praeceps
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