Funny.....there's not constitutional right to smoke tobacco....but there's a constitutional right to kill your unborn child. Nuts. The world has gone stark raving mad.
This is an issue of freedom....anyone who wants to operate an establishment that permits smoking should be able to do so. I'd fight this as an unconstitutional constructive taking.......in violation of the takings clause. There's a line of cases, I believe, that hold that where the government restrictions on the use of private property amount to a constructive taking......the owners are entitled to compensation......but I would argue for injunctive relief instead of monetary compensation.
Thanks for the feedback. Have a great weekend.