You are correct and in addition a society whose liberties are secured by a "constitution" would state:
Amendment V:
"...nor shall private property be taken for public use without just compensation," to those who propose that restaurants must provide a smoke-free enviroment when there is a an expenditure that will be incurred by the private property owner.
Amendment IX:
"The enumeration in the Constitution, of certain rights, SHALL NOT be construed to DENY OR DISPARAGE otheres (rights) retained by the people."
Every citizen has a right to smoke a cigerette. Period.
Thank you!!!!