No it doesn't. A smoker may enter any non-smoking establishment simply by not smoking for the moment. Any non-smoker may enter a smoking establishment any time simply by being willing to tolerate smoke.
Also, there is nothing mandating equality in smoking an non-smoking establishments. They may be as nice or as shoddy as the property owner might desire. Since no one would be forced into one or the other, there is no need to try to keep them identical.
That's quite different than the "seperate but equal" practice previously applied to skin color.
There are more things 'equal' to that period of time, now, than are 'not equal'. . .