Boy are you wrong.
Just because some state laws forbid certain (dish) restrictions does not mean that any restriction not parrotted by state law is invalid.
The law I referred to, isn't state, my friend, it's fed. That's what really twists the knickers of these micro-Napoleons. Ain't no HOA that supersedes local, state or especially feds.
And another point while I'm destroying your argument, no state is going to ban smoking, you tell me why. If the "tobacco cartel" were smart, they would focus on one state, say, New Jersey, and stop selling their product in that state. The state would howl, it's a cash cow.
It also might be smart for a politician to campaign on banning cigarettes in the state. I mean, if cigarettes are so "evil", why should the state balance it's budget on the lungs of it's citizens. I'm sure there are two or three people who would jump onto that like a lion on a crippled gazelle.
And another point while I'm destroying your argument