Only to retards who have trouble understanding the difference between a working environment and what people choose to do to/for themselves. In a common sense world, if/when it bothers employees, then the boss can make a rule that the smokers can go outside. But on an anecdotal level we have unfortunately outlawed 'Common Sense", and therefore have to pass laws to enforce and regulate human stupidity in the hopes it doesn't spread. Over time, Darwin's theories evidence themselves though the evolution of bigger and bigger morons, who require more and more instruction on what is and is not acceptable.
Also: The word "private" is already stretched to the point where it doesn't apply to places the public have access to. i.e., if your customers walk through the door, then your workplace is a "public" environment in the eyes of the law, and the smoking ban applies.
Employees and 85% of the patrons are forced to breath carcinogenic gas as a by-product of activity not related to the core business. States are starting to pass legislature that outlaws this kind of working environment unless it is directly tied to the businesses profit model (ala cigar bar). This isn't some shit about Darwin's theory or regulating human stupidity. It is a law that is passed to alleviate gaps in working condition safety.
Progressions of laws (shortened)
1) Hrm that person killed another person that doesn't seem right. OK outlaw murder
2) Hrm that person forced that other person to have sex that doesn't seem right. OK outlaw rape.
etc.
etc.
3) Hrm this factory is pursuing a manufacturing method that kills 20 employees a month. OK well lets outlaw that dangerous method.
4) Hrm Asbestos has been shown to be killing people en-mass many years after they worked with it. Ok we are going to outlaw that.
This isn't nanny-state, this is laws being implemented as we discover that shit is bad. Just because there are laws outside of murder=illegal doesn't make us some pussy nation that is going to devolve because of Darwin's laws. Talk about a strawman.