The owner in Salt Lake City sprayed Jon Bird in the face for smoking outside the restaurant.
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The man says he's had health problems ever since and now, he's suing.
"I don't get headaches and I have had a headache ever since," the man smoking the cigarette said.
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"We think it is totally inappropriate for a local business owner to take the law into his own hands and be the judge, the jury, and give a verdict and executioner all at one time," an attorney said.
The restaurant owner, Alex Jamison, apologized on Facebook and said he didn't mean to cause harm or pain.