Traveler, the way people choose to dress, use makeup, or mutilate their bodies cannot be regulated according to what MAY be upsetting to other people. Think what a slippery slope that would be. What if some people got physically upset by particular fashions in clothes or makeup? What if looking at high stiletto heels made you "lose your lunch?" Are you being "assaulted" by having to see them when out in the public arena? (Or on TV, for that matter?)
Your example of the smelly guy sitting next to you on public transportation is an interesting one, but even in his case, I don't think he is violating any law by being smelly. You are saying he doesn't have the "right" to assault your senses. But doesn't he have the "right" to bathe or not to bathe? It would be unfortunate to sit have him sit next to you, but in most cases you can simply get up and move to another seat.
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