You are correct, JMC. And part of the problem, in this nation, is that the STATE continues to take choice away from the private business owner. Such are smoking bans in bars & resturaunts. And ADA requirements on private businesses. If the state want to mandate these, and other, such rules upon their own buildings and employees, that is jsut fine. But to force them on private citizens, whether they own or frequent any private establishment, is clearly unconstitutional.
In the interest of full disclosure: I am a smoker, and disabled. (Dang I hate the word. True, I am crippled. But that doesn;t mean I am "dis"abled.)