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Even in public property, smoking should be ok as long as people don't leave cigarette butts on the ground. The public doesn't own the air. Nobody owns it. If someone is outside smoking, and you don't like it, you're free to take a few steps away so you don't smell the smoke.
As far as being unethical goes, the same is true of any crimes. If someone is a criminal and they want to commit a crime, laws won't stop them; but they will punish them. For those who are just considering doing something unethical, hopefully they will take the laws and punishment into consideration before doing it.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death."
- George Carlin
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