[Alter Kaker]

The article doesn’t talk about inflicting punishment on anybody so your point while interesting doesn’t apply here.

[Harmless Teddy Bear]

If you are prohibited from doing business somewhere while others in the same business are allowed or if you have restrictions placed on you for no other reason then you are you then you are being punished.

So the SCOTUS has held for well over 150 years on any number of occasions.