FWIW, back before we had a smoking ban in Oklahoma, the State Health Dept decided to ban it themselves and went around issuing fines. The governor at the time put a stop to it, but then they started again and had to be sued. Shortly after the court ruling against the State Health Dept, our state legislature (and new governor) passed a ban on smoking in most publicly accessible workplaces.
Can read a little bit about it at
Oklahoma Smokers The Smoking Ban
I've tried to google more info on the lawsuit bit and such, but failed.
And, on an aside - the law that did get passed allowed for restaurants to build smoking only rooms, with separate ventilation. Some went to the expense and did it. Now they're considering new legislation that would ban smoking in all restaurants and bars, which is a slap in the face to those businesses that spent tens of thousands of dollars on having a separate room. New legislation failed the first time around (earlier this year - 2009) but theyre saying theyre going to try again to get it passed.
Oklahoma Lawmakers Consider More Comprehensive Smoking Ban - News digest - Public Health newsroom - Public Health - RWJF