Hoss Tile is arrested after police are called to the scene of a private social club where Tile is a member. The police are called because Tile refuses to extinguish his cigarette in the dining room and is becoming belligerent. He is charged with a misdemeanor under a new ordinance that prohibits smoking in “restaurants and other places of public accommodation other than those in which alcoholic beverages are sold for consumption on the premises.” The club in which he was arrested does not sell or serve alcohol. How might Tile defend himself in this case?