I can see why would translate what I said like that. You are, for lack of a better term, a "big-government" person. I am not.
You also have a giant error in your assumption. If the business owner decided NOT TO ALLOW SMOKING then I would be absolutely fine with it. Everyone here would. I would not try to enact legislation to change that.
He has a constitutional right to be reimbursed. A right that smokers here just really can't care to give a crap about. Its shocking to me to see such one-sided view point about which rights you want to enforce. Those that exist in fact you choose to ignore and those that exist in fantasy you choose to want to impose. The only common denominator is selfishness (surprise, surprise) ones in fact do nothing for being able to smoke and the ones in fantasy do.