Private business rights went out the window with state mandated smoking bans on private businesses.
It's the classic case of "first they came for the smokers, but I did not say anything because I wasn't a smoker...then, by the time they came for me, it was too late...there was nobody left to speak up for me". The name "Nanny State" doesn't sound too scary, but it is a fearsome and dreadful thing.