Pina....
"unrestricted" capitalism? Sweet Baby James let's think about this for a moment....
Say I decide to open my hypothetical bowling alley. First I have to make sure I'm located where such a business is zoned (a reasonable restriction). Then I have to make sure it's built to code, both structurally and in terms of fire prevention (again, reasonable restrictions).
I have to follow all wage and hour law restrictions for my employees.
The building must have sufficient heat and water.
It must be ADA accessible.
If I want to serve alcohol (or food, for that matter) I must be licensed in those areas.
"Unrestricted?" God almighty it takes a miracle for me to even get the place opened for business.
Besides, your example would only apply to latent dangers. Say, for example, my bowling alley uses solvents that are harmful to people. People show up, start bowling, get sick. OOOPS lawsuit time. And, rightfully so, I knew they were in danger but did nothing about it.
Smoking is different. It's dangers are well-known. Hell, every pack since the mid 1960s has carried a label that tells you use of this product gives you cancer.
And there's nothing latent about it. You walk into my alley, you smell the smoke, you do a 180 and you're outta there.
And better yet, you can go down the street and open Pina's Bowl-o-mat. SMOKE FREE!!! And then the non-smokers will have a place to bowl and life is glorious.



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