There are people who have real handicaps and struggle daily to deal with them. They mostly didn't choose to have a disability. However with smoking people make a conscious decision to START smoking and if you were born anytime after 1955, the dangers were known even before you were old enough to start smoking. (I'm an ex-smoker over the magic age of 50 and knew full well even at age 12 what the dangers were.)

Somehow when laws are enacted to protect, lawyers get involved and wind up perverting the meaning of the original law. The law was originally put in place to protect those children and adults who have real handicaps that affect their ability to function in the real world.