What a stretch.
First of all, no one's saying that smoking should be against the law, from what I can tell.
Secondly, I can't speak for everyone, but I can speak for my own gene pool. People in my family generally live active, mentally alert lives well into their '90s. For instance, my great uncle was still FLYING HIS PRIVATE PLANE in his '90s, and my great grandmother was still managing a hotel well into her '80s. My grandmother was still mowing her own yard at age 85 - with a push lawnmower.
So - I am going to make choices that extend my chances of living a long, active life, and the odds are in my favor. Those odds would be decreased if my parents had filled our house with smoke when I was a child.
That being said, I do live with a smoker, who does smoke around me on occasion. But it's MY CHOICE to be around him when he smokes. He's not forcing it on me in other words.
As for living in a congested city - that's a choice too. And if you think non smokers who jog or walk in a congested city have it bad, add cigarettes and secondhand smoke to their lives and see just how much worse their health can become - and quickly.