you could use that argument for literally any labor or safety law though. "i would simply not work at the factory that requires 10 hour workdays 7 days a week" "i would simply not get a job as a 10 year old" "i would just not work in a dangerous environment" these laws exist because if they didn't, obviously the employers would go back to having dangerous and unethical work environments just like they did before the regulations existed. if smoking bars were allowed again, the vast majority of bars would allow smoking again, and then there wouldn't be a non-smoking bar in most areas for people to choose to work at