I see what you mean, it *is* everybody's air, but I don't buy the argument when harm to others comes into play. It may very well be everybody's air, but that doesn't mean I can spray tear gas or even a toxic gas into the air right in the middle of a busy street right? Fumes from smoke are toxic gases too.
I see what you mean, legally I cannot make any more claims to the air around me than a smoker can, but IMO, when a person's health is involved, it should make a difference. I can push someone aside if I want to stand in his spot (rude but legal), but not if in doing so I push that person off the edge of a cliff.
