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My right vrs your right, let's say, just for argument, that they cancel each other out. Now how about we let the property owner decide. Could you buy that?

I'm sorry, Just another Joe, but we do not allow restaurant owners to determine restaurant use. If you want to talk about the broader topic of property rights we'd need to define that also, but anyone who owns a restaurant will tell you that they have hundreds of laws that restrict their unfettered use. I don't like property rights violations, but the fact is that the states have always placed restrictions on land use. When it tips too far, we form a mob...previously called voters...and work to bring us back to equilibrium.

but we do not allow restaurant owners to determine restaurant use.

But we have, up till the current antismoking explosion, allowed them to decide what was allowed in their business if it did not affect the public health and it was legal.
Until that point they WERE allowed to decide.
If unequivical proof can be given that ETS affects the public health I will agree that the govt should be allowed to decide for the business owner.