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Originally Posted by TN_Chief
A restaurant or bar owner has no legal right to refuse service to anyone as long as they (the patrons) are not breaking the law. Pre-legislation a smoker wasn't breaking the law...therefore a business couldn't refuse them service legally.
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You're wrong here. This is from California, but Federal Laws apply and I'd be willing to bet that most states' are pretty similar.
"The Right to Refuse Service: Can a business refuse service to Someone because of appearance, odor or attitude?
Is it a violation of your civil rights for a business to refuse to serve you because of the way you look, the way you smell, or the way you act? The answer is . . . it depends.
Both federal and state laws prohibit businesses from denying public accommodation to citizens on the basis of race, color, religion or national original. The Federal Civil Rights Act guarantees all people the right to "full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, or national origin."
The right of public accommodation is also guaranteed to disabled citizens under the Americans with Disabilities Act, which precludes discrimination by businesses on the basis of disability."
http://www.legalzoom.com/legal-artic...icle13721.html
It goes on to say that a restaurant can refuse services to people not in a protected class as long as it's not overly arbitrary. You'd be hard pressed to find a jury to say that if a business owner didn't allow smoking, it is arbitrarily refusing service.