The owner in Salt Lake City sprayed Jon Bird in the face for smoking outside the restaurant.
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.
"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.