Laws banning smoking in private establishments is a classic example of paternalism and state control of private concerns. If a restaurant seeks to ban smoking for a host of reasons, that is their prerogative. If they want to look out for the health of their employees, or provide a cleaner environment for patrons, banning smoking would give them a competitive advantage. Similarly, if an establishment wants to appeal to a smoking clientele, they will understandably risk losing customers who abhor smoke.