I'm sure municipalities are within their rights to prohibit smoking on public property. However, it appears they go beyond their reasonable authority to ban smoking in bars and restaurants. As well, private clubs and service organization posts normally set their own policies concerning smoking on the premises. This latter group is normally not open to the public.
What's the answer? It's easy if those who publicly oppose smoking are really concerned about nonsmokers.
Pass an ordinance that requires each establishment open to the public to place a notice by the front door that says, "This is a smoking establishment" or "This is a nonsmoking establishment." This allows the business owner the right to decide. And for private clubs, fraternal organizations and service organizations, their membership will still retain the right to decide what kind of environment they want. People who are looking for jobs can select either type of establishment. Finally, customers will be made aware of the business policy before entering.
— Dean Hill
Sterling