Anti-smoking or pro-property right?

Glen Whitman over at Agoraphilia has an interesting comment on a proposal being considered by the California legislature. The news stories talked about banning smoking in apartments to protect other tenants from second-hand smoke. It turns out the law would allow apartment owners to ban smoking in their apartments. Glen wonders whether a law was needed to do this -- and whether expansion of property rights now has to be couched in the language of prohibition to make them palatable. If so, our culture is truly degraded.