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Also worth noting is that these laws vary a great deal from place to place. I already mentioned the laws (at least what they used to be) in Indiana. Memphis just passed the non-smoking laws this year, but the one there hinges (IIRC) on whether anyone that works there or is in the bar is under 18...if so, you can't smoke. If everyone is over 18 (and you don't allow patrons under 18) then smoking is alright.
Hey, at least I'm being forthright. I can't stand being marinated in smoke, so I like these laws. However, from a "theory" standpoint I have a problem with them because on some level they remove a person's right to choose.
Re: the whole "I own the establishment" argument...I suspect the way it breaks down is that while you're bar/restaurant is privately-owned it is a "public" place (i.e. open to the general public). I'd be interested to know how the law would be interpreted if a bar/restaurant owner turned his establishment into a "private" club...and then sold nightly "memberships" (AKA a cover charge)...kind of like "drinking clubs" in Salt Lake City.
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