My brother used to own a restaurant. Even though smoking was permitted, by law, his was a non-smoking facility. Seemed to suit everyone just fine, without the heavy hand of the government. If you wanted to smoke, you ate elsewhere, or went outside. Even our Mom had to go out to the parking lot, to indulge.
“If you wanted to smoke, you ate elsewhere, or went outside.”
As it should be. By the same token he should be allowed to allow smoking leaving you the same option of going elsewhere.