Well, it isn’t that simple. There are all sorts of legal restrictions on your right to say who comes and goes from a public accomodation and that’s a fact. And it isn’t going to change. I tend to agree you should be able to open a smoking establishment and advertise it as such, but then, of course, you’d have to deal with the restrictions on your rights to subject your employees to unhealthful working conditions. Those aren’t going away either. Bottom line: You want to own a restaurant where smoking is allowed, consider opening one in Russia. Everybody smokes there and they don’t see the harm in it.