"Roe v Wade" was the result of Congress and the people not wanting to touch such a "hot-button" issue and by abdicating and refusing to offer up either law or enter into the amending process forced, or, at least put the Court into the position of having to "make" law. Which, to the embarrassment of many, accepted the terms and "made" law. After all, no where in the Constitution is "abortion" mentioned and it was certainly around when the Constitution was written and enacted but, no mention at all.
Taverns are licensed businesses. Tavern owners agree to regulation when they purchase a license. I've not spoken to a restaurant or bar owner who is unhappy with "no-smoking" as such saves them money and they didn't have to PO some customers by making the rule themselves. The tobacco industry spent moneys fighting such in some areas. The liquor industry? Not near as much. And, the voters spoke by either electing those who would enact such legislation or, by their direct vote enacting a referendum.
If one gets into a government regulated and licensed business, one must expect regulation. And when those regulations save owners money and make for more profit at a time when "drunk-driving" enforcement was adversely impacting profits ... well, no-smoking in bars makes good sense to owners, excepting those running "dives." The voters have the power and have decided they wanted public space smoking regulated. It doesn't get any more democratic than that!
Sorry! I'm a firm believer business owners should be allowed, within the law, to hire whom they wish. Decisions are made as to the costs of hiring smokers, obese people, anti-social persons, those with exposed tattoos, illiterates, under/over-educated, ill-dressed, criminal record, too young/too old, etc. all the time, not that such decisions are necessarily the published reasons for not hiring.