[Gabz]

No one is FORCED to enter a restaurant to begin with - it is a personal choice to do so.

[Hodar]

Just a data point:

The proportion of the population that smokes varies from a low of 13.2 percent in Utah to more than 30 percent in Kentucky. The national average is 22.9 percent of the population, a decrease of 0.3 percent from last year.

http://www.unitedhealthfoundation.org/shr2002/components/risks/RiskFactors.html

[Hodar]

No one is FORCED to enter a restaurant to begin with - it is a personal choice to do so.

From the customer point of view, you are correct. From the bartender, waitstaff, band, manager (you get the idea), it's not. Just as you are protected at work, the workers in resturants and bars are entitled to the same protection.