In the end, both the marketplace and the courts could trump the government in ending smoking in most public places.

State Rep. Todd Rutherford, D-Columbia, wants to end smoking in restaurants right now. He has sponsored a bill that would ban smoking in all restaurants statewide, although bars would be exempted.

"I'm one of those nonsmokers who goes out to eat a lot and just gets sick of people smoking everywhere," Rutherford said. "It affects your clothes. You stink when you leave. You can't enjoy your meal."

Many nonsmokers no doubt sympathize with the lawmaker. Even with designated nonsmoking sections in most restaurants, the smoke still can waft throughout the dining area, spoiling the experience for non-smoking patrons.

If the bill were to pass, South Carolina would not be alone in banning smoking. A number of states, including California, Massachusetts and New York, have statewide smoking bans in the workplace, including restaurants and bars. In Oklahoma, restaurants are permitted to call themselves "effectively smoke free" if they provide separate, ventilated rooms for smokers. And many cities and counties across the nation have adopted local smoking bans.

Critics of Rutherford's bill, including the tobacco trade association and some restaurant owners, contend that the issue should remain a matter of choice for private business owners. If a restaurant owner wants to allow smoking, they say, that should be his right.

In a Legislature that finds it difficult to pass a primary seat belt law because some lawmakers think it is an intrusion on personal rights, a statewide smoking ban might not fly. But the clear trend favors smoke-free workplaces.

Restaurant owners are discovering that a smoking ban can attract more customers than it scares away. While they may lose some smokers, they often gain more non-smokers who appreciate the smoke-free environment.

Employers also have to worry about the threat of lawsuits from employees whose health is affected by second-hand smoke. If waiters and bartenders are forced to work in a smoke-filled atmosphere eight hours a day, they are at risk. Since the early 1980s, when the dangers of second-hand smoke became better known, lawsuits of this kind have increased significantly, and litigants have been increasingly successful.

We predict that South Carolina won't enact a statewide smoking ban anytime soon. But we also predict that more and more restaurant owners will voluntarily decide to ban smoking at their establishments to please the majority of customers.

Perhaps, in the end, it will take a rash of lawsuits to bring about the sort of smoking regulations that will, in effect, allow smokers to pursue their habit only in private homes and in the great outdoors.