There are four issues involved: 1 owner’s rights- his freedom of choice whether or not his establishment caters to smokers or not. 2 Worker’s rights- do they have to be subjected to the choice of seeking a new job elsewhere in a nonsmoking enviroment becuase the boss chooses for patronage to have a smoking establishment.
3 non-smoker’s rights- Do those who want and or need a smoke free enviroment (which is a majority) have to either seek establishments for non-smoking only or force the owners who would choose smoking to change there rules. 4 smoker’s rights- the freedom to visit any establishment without the loss of personnel rights.
Here is the rub, smoking doesnt just affect those who smoke.
Owners are going to choose smoking establishments to invite more patrons.
Workers waitresses, bartenders, if all night clubs, bars and taverns are pro smoking have no choice but to work in a hazardous inviroment. (they could change there profession, but isnt these an impingement on civil liberty as well).
So the solution as I SEE IT, is in the bar no smoking (use smell freshners people), Now you can either go outside to smoke or perhaps the bars or the city can setup a booth or box in which smokers enter so they can smoke without toxicating the air around them, and inside this little booth is a ventilation system that sucks the smoke up and out and deposits it ten twenty feet up in the air. maybe after passing a simple filtration system.
Also special establishments which are smokers clubs or whatever could apply for special permit, and a list of employees and members could sign a petition verify that indeed everyone here is okay with a smoking enviroment.