This probably isnt the most Libertarian thing of me to say, but one thing that might be considered is the specific type of place and service provided. People dont go to the hospital because they WANT to, they usually end up there because they have NO CHOICE. No Smoking in a Hospital, reasonable. No smoking within 10 miles of a Hospital, regardless if you just happen to own a home 9.75 miles away from the Hospital, unreasonable. Why? In a situation like that, a Hospital could claim that all property, regardless if Private, Public, owned by Someone Else, or Not at All to be their own and they expect jurisdiction over someone elses property.
What about theaters and bars? Privately owned is only Part of the Answer. No one has a NEED to go to the Bar, or Theater. The Decision to smoke on that property should be up to the property owner because there is no actual NEED to go to places like this. Hospital is a little different because people only go when they NEED to, but jurisdiction ends at their property line. What about Public Property? This can be based on Quantity. Inside a Private Business, someone else has No Right to tell me what I can and can not do on that property unless they are the property owner. Public Property we have plenty of, and I can stay a reasonable distance from someone while having a cigarette and we can both have what we want.
