One way to go would be to allow prohibition only of whatever is harmful and move the debate explicitely to what is harmful and how to decide that. As to the who

One way to go would be to allow prohibition only of whatever is harmful and move the debate explicitely to what is harmful and how to decide that. As to the who decides what is harmful, I think one good option would be for it to be decided democratically by only those involved. The key there is consent. Who's involved though? That's the hard part I think.