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I’ll take a stab at a dissent.
Smoking, within the limits of the law, is a protected activity because of the financial benefits to business (for which, you can send a letter of thanks to Phillip Morris, their lobbyists, and your member of Congress).
It does not necessarily follow that public masturbation should be a protected activity. Per the US Supreme Court in Barnes v. Glen Theatre, Inc.:
“…Public indecency statutes of this sort are of ancient origin, and presently exist in at least 47 States. Public indecency, including nudity, was a criminal offense at common law …
“[P]ublic indecency statutes were designed to protect morals and public order. The traditional police power of the States is defined as the authority to provide for the public health, safety, and morals, and we have upheld such a basis for legislation…
“[T]his Court implicitly accepted that a legislature could legitimately act on such a conclusion to protect "the social interest in order and morality"…
“Thus, the public indecency statute furthers a substantial government interest in protecting order and morality…”
So, I don’t see that public smoking is a persuasive argument to justify public masturbation.
And remember, those smoking outdoors have done what has been asked of them by not smoking indoors.
Having said that, in places where smoking inside is banned, feel free to whip out your one-eyed snake and spit venom on any smokers lighting up indoors.
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