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If I am a restaurant owner, the restaurant is my private property. If I want to allow a certain behaviour on my private property the effects of which do not cross the lines of my property and, therefore, affect no one who did not enter my property of their own free will (and can leave anytime they want to) then that behaviour should not be prohibited (unless it is already against the law).
The employee safety argument is bogus since smoking was permitted before the employment started. Why should the rights of an employee at will trump those of the employer? Just another example of common sense being turned on its head.
And for those who consider this to be a legislative wet dream, I would hold off on gloating for tomorrow the right that is unjustly taken away without fair and reasonable compensation could be yours.
The Government is not our friend and it troubles me greatly to see how some use, misuse and abuse the government's virtually unchallengeable legislative and police powers to further an unconstitutional and grossly unfair agenda.
Three disclaimers:
I don't smoke;
There are no smoking bans in my state; and
I am unaffected by smoking bans elsewhere.
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