Despite the positive effects on health and air quality, many people are still opposed to smoking bans in the United States. Critics in the smoking ban debate include the well-known musician Joe Jackson as well as Christopher Hitchens, a political critic. Usually, people who oppose smoking bans see these laws as an example of the government interfering in people's lives. They look at the effects on smokers, not those on non-smokers who are subjected to second-hand smoke. Other critics emphasize the rights of the property owner and draw distinctions between public places, such as government buildings, and privately owned businesses, such as stores and restaurants.
An ‘outdoor dining area’ is an unenclosed area in which tables, or tables and chairs, are permanently or temporarily provided for the purpose of public dining. Smoking is only banned in these areas when food (other than ‘snack food’) is being offered for purchase, or is otherwise provided by or on behalf of the occupier of the premises for the purpose of consumption in the outdoor dining area. Snack food is defined as pre-packaged food ‘of a kind generally intended to be consumed between meals.’ lvi The Tobacco Products Regulation Act also allows local councils and other incorporated bodies to apply to have certain outdoor areas or events declared smoke-free. This allows the non-smoking status of the area or event to be legally enforceable. lvii Public areas which have been declared smoke-free include Moseley Square in Glenelg, and Henley Square. lvii The Royal Adelaide Show has also been declared a smoke-free event. lix