There are things over which government at any level has no authority.
Rights to do ordinary, everyday things define most of those things.
People exercising their everyday rights is not an issue for “representative government.”
An activist court found an imaginary right to privacy in the Constitution. There is no such right. Now you’re finding an imaginary right to smoking by asserting an imaginary “every day” right. Goofy.
I’m telling you there is no such right to smoke. And free people, freely voting via their representatives or by an initiative have the right to regulate smoking.