[sneakers]

I still don't understand how the government can tell a bar or restaurant owner that they cannot permit smoking in their own PRIVATELY OWNED establishment. Am I missing something here?

[timm22]

I still don't understand how the government can tell a bar or restaurant owner that they cannot permit smoking in their own PRIVATELY OWNED establishment. Am I missing something here?

Most people are under the misguided notion that because a bar or restaurant is open to the public, the public has a right to dictate the uses of that property. Thus we have anti-discrimination laws, smoking bans, etc.

[randog]

I still don't understand how the government can tell a bar or restaurant owner that they cannot permit smoking in their own PRIVATELY OWNED establishment. Am I missing something here?

No, but I think the attorneys for the plaintiffs missed your point entirely. Private property rights seem to be an alien concept in the Northeast.

[cinFLA]

Am I missing something here?

Yes. The bar/restaurant obtains its license to operate from ...