The ban does infringe on the rights of the owner.
Sorry, but you don't have the RIGHT to clean air in a resturaunt. WHY? Because you CHOOSE to be there. no one has ever tied you up and made you sit in a bar/resturuant. In a public place, in your home, you have every right, but not in a private setting. Amazing that many of the people who bitch about freedom being taken away voted FOR this. Freedom is not about what you like, it's about protecting what you don't like.
BUT, the ban should have never happend, I think it would have been better to compromise, bars should stay smoking, but resurants have to have thier smoking section enclosed from the non-smoking section. If the owner didn't want to pay the extra money for building a glass wall separating the non-smoking section, then smoking is not permitted.