Let's be serious here. You walk into a restaurant, you spot a place that suits your needs, by a window, fresh air and you choose to sit there.
THEN someone sits directly outside and sparks up, without a thought to anyone around them.
Yes of course being there first make a difference. you wanna smoke? go and sit somewhere AWAY from others, so that you can enjoy your cigarette and others are able to enjoy their meal/drink whatever.
If a non smoker sits next to someone who is smoking, absolutely their decision and no, they have no right to complain.
I DO have more right to be in a place when I don't negatively impact upon it. i don't want to have to sit inside just because smokers have colonised the seating outside in the sunshine.
Why can you not see see that you choose to smoke, you are responsible for the consequences of your decisions; your litter, your ash AND the harmful and unpleasant smoke.
We may all be dying, what a truly facile and ridiculous comment
however 1st and 2nd hand smoke causes harm and increases the risk of disease and ill health/death both to those that smoke AND those who are exposed to it.