Pardon me for jumping into this, but I'm not a fan of smoking either. I find that I am essentially allergic to cigarette smoke, but I do smoke cigars, usually two a day. Even with that, I don't really consider myself a smoker. The real issue here has less to do with smoking rights and more to do with private property rights. If you as a private property restaurant owner chose to allow smoking, which is still a perfectly legal activity, that's your choice. The government shouldn't have much of a say in this. The majority of people seem to be missing that point. As far as you having a "right" to breath clean air, the answer is very simple. Stay out of establishments that permit smoking. The government shouldn't force establishments to go non-smoking. This sort of thing is a threat to everyone.
I'm not griping about those places that chose to go non-smoking. That's their choice. They pay the mortgage or lease. They pay the bills. It's completely their choice. As long as it's their choice, I see no problem in that. Of course, when I decide not to stop by after work anymore, that's my choice too. It all works out in the end.
As for the neighbor situation, do I know you? I get dirty looks in my neighborhood, but I don't care. I have a half acre lot, and if I chose to smoke a cigar in my car or on my back porch, it is my choice. I'm not standing on the border between our yards blowing smoke into your yard, and I can't control the direction of the wind, especially when you're three houses down across the street with your little fuck-trophies using the street as their personal playground. Now, if you live in an apartment or townhouse neighborhood, I'd suggest that you change your patterns to avoid Mr. Stogie, especially if you're unable to work out an arrangement with him. You knew, or should have been intelligent enough to realize, that a community like that would be sharing each other's BBQ smoke, cigarette smoke, belches, farts and other gaseous events.