"private".... "private".... nope. No entry in my dictionary.
I could have sworn that used to be a real word with a meaning, but it's not there anymore.
And smoking bans forced in private businesses and imminent domain! What's the sense in buying your own business today? Groups can take your property away or force bans and laws upon you, what sense does it make today to try to flourish?
So, by this logic, the state legislature could decide to ban smoking in your own yard because you currently "enjoy the benefits" of state regulations and licenses involved in the construction and maintenance of your property, and so does your neighbor. If the second-hand smoke from my cigar were to drift into my neighbor's back yard, the state would have a "rational purpose" in protecting him from the "threat" I posed.
This is what currently passes for "freedom" in Massachusetts. Ask me again why I live in New Hampshire. If our judges or legislature even thought about behaving this way, they would be chased down I-93 by a mob with torches and pitchforks and rope.