It's a little disconcerting to think about, but the only behaviors local and state government can't ban are things that are constitutionally-protected (whether US constitution or the state constitution). Everything else is fair game.
I can't think of any argument that can support the proposition that you have a right to smoke.
I can't think of any argument that private property owners can't allow a perfectly legal activity on their premises.
Unless of course you take the stalking horse, currently popular crybaby position, that if you don't like a poo-poo smell even though you entered knowing the possibilities were 100% you would encounter one, your neurosis takes precedence over what's left of the U. S. Constitution.
What cowards and simpering nancies this once great country has evolved into.
As long as cigarettes remain legal I can see why a private property owner has the right to allow you to smoke and why these bans are unconstitutional
Amendment #1 - Freedom of Assembly/Association
Smoking bans chase people away whether that’s the intention or not it is what happens! So smoking bans are an infringement of people’s right to assemble. Yes Freedom of assembly doesn’t just mean assembly at a political protest, Assembling at a bar or restaurant is still protected under the constitution. The Antis even use this argument that even if you lose the smokers you will make it up with the nonsmokers. Well suppose you don’t want to cater to nonsmokers instead you want to cater (Assemble with) the smokers.
Amendment #1 - Free Speech
Mayor Bloomberg of New York opened this can of worms with his loophole for his friends and this is what is going to burn him and other cigarette nazis around the country big time. His loophole allows business to have smoking if they are having a promotion for Tobacco products, It was intended for his bigwig cigar smoking buddies for their annual fest at the Marriott Hotel. However now all businesses can just throw promotions all the time, trying to stop a promotion would be a direct violation of freedom of speech. Actually hopefully this at other places where there are smoking bans like California & Delaware catches on.
Plus Hey if you can burn the American flag and a cross on private property why not a cigarette.
Amendment #4 - Warrantless searches
How in the world can the Smoke police just go onto private property to search if people are smoking? They should have a warrant this is America not Nazi Germany
Amendment #5 - Eminent Domain
By banning smoking on private property the government is essentially taking that property away. This is especially true if the property due to a previous lighter smoking had a separate section build just for smoking. It's no different if Mayor Bloomberg decided he also didn't like tall buildings because they block his view of the ocean and made a law that no building could be more than 30 stories (Don't laugh anything is possible with this idiot). Would that mean the owners of these buildings like the Empire State and Chrysler should pay to have their buildings they built or brought torn down to 30 stories even though the government isn't directly seizing their property? No of course not. He could pass a law that prevented any NEW buildings from being over 30 stories but if he wants the existing buildings torn down he and the city of New York would have to pay. Another analogy is if Mayor Bloomberg decided he didn’t like golf and banned the sport which would essentially make the property of golf course owners taken away by the government.