The question here is not what apartments and restaurants should do. The question is if we should use the force and threat of government to compel them.
-Robert
You make it sound so ominous, but if people are to be able to enjoy smoke-free living, then laws are required, otherwise smokers could smoke anywhere they want, no matter what the "rules" of a given establishment might state. At some point force would be required to make a smoker stop smoking in a banned area. Without laws, we would have anarchy, and without the threat of force, the laws cannot be enFORCEd. Hence the need for the public to make sure the laws reflect our judgment and our will.
So we need government to give "teeth" to smoking policies. But if you are saying that restaurant/apartment owners should have the right to make the rules that would be enforced, when it comes to their own businesses, then I can understand that view, however the situation is complicated. Existing apartment dwellers who are smelling smoke from others in the building require some remedy.