I realize that it is unfair to non smokers to be subject to others that smoke in a public place.

Let me put it this way.

Lets say I decide to open my own bar and call is "Dougs Cigar Bar". I advertise its a smoking bar, I post signs at the door saying warning, smokers inside. I allow people to choose if they visit my bar or not.

Should the Government be able to step in and close me down because they dont like smoking?

Is that not my personal choice as a bar owner to decide what goes on inside my bar.

It has been proven that playing loud music can decrease a persons hearing level. Should the government decide to step in and decidfe how loud I play my music inside my own bar as well?

I am just pointing out that there is a clear and present loss ow owner rights when something like this is decided.

Just my opinion.
Doug