Anyone who thinks that it should be up to the businesses is completely ignorant of history and why we have things like OSHA in the first place. "No one is forcing you to work there" - bullshit. When it comes down to the difference between being employed and unemployed, people will take whatever job they can get. And, if you happen to live in an area of the country where more than half the people smoke, restaurants simply aren't going to stick to their principles and ban smoking on their own. I'm sure many owners would love to, but they realize they'd lose business - not gain business. And, every place that a smoking ban goes into effect, the owners whine about how they'll end up losing business. In the long run though, they don't.