In either case, the electorate chooses the people to put in charge. You and your fellow citizens chose the politicians who passed these laws banning smoking. If you don't like them then convince enough of your neighbors to either overturn the bans or choose different politicians. All this whining is unbecoming.
That's what I did in Missouri last year. Cost me in the neighborhood of $1,500 of my own money too because big tobacco wouldn't touch it.
If it's whining to support private property rights for business owners when govs regulate something, NOT voted on by the people, that is put into place to regulate a "health hazard" based on suspect science and false studies, then call me a whiner.