The editorialists at the Journal, generally big fans of big government, write this about the failed House smoking ban:

Proponents of the ban will provide polling evidence of public support for a smoking ban. But if that support is real, there is a better way to get smoking banned in restaurants and other commercial places. Mobilize that support in the market. If customers make business owners aware of their distaste for smoking in their restaurants, bars or other places of work, they will have a significant effect.

It is very unlikely that a bar owner, for example, will stick to his guns about his personal rights to have a smoky lounge if most of his customers vote with their feet. More likely, he’ll hang a sign asking smoking patrons to step outside when they need to puff.