Not when we are talking about freedom of choice.
People know I do or do not allow smoking in my home, and can choose whether or not to enter my home.
People know I do or do not allow smoking in my business, and can choose whether or not to enter my business.
Nobody is forced to enter my home.
Nobody is forced to enter my business.
"Open to the public" does not mean anyone has to go there...it simply means people are welcome to choose to go there or not go there.
Churches are open to the public, but nobody has to go, anyone can choose to go. If I don't like the smell of burning candles, I go to a church where they don't burn candles.
It's called freedom of choice.
Steve
I think the difference that I and others were making is regarding the reasonable expectation of safety when entering a "public" business. I expect that there will be a fire control system, health code adherence, etc. Where do you draw the line. I assume that there will not be excessive carbon monoxide in the air. This is not far from saying that I expect that the air quality will not contribute to me getting cancer.
Is it the business's or the customer's responsibility to make sure these things are taken care of? Should businesses solve the problem by just posting a sign outside "no fire control system inside, enter at your own risk". ? Just trying to understand your position here.