Sorry, but that is nonsense, nobody is banning non-heterosexuals, your anology is beyond far fetched. And, whether you like it or not, there are dry counties and dry cities where alcohol sales are banned. For a Disney related example, Alcohol is not served any place in the MK I believe. Several cities have made public establishments non-smoking. One I know of is Columbus Ohio. You cannot smoke in a downtown restaraunt or bar.
DVC could choose to make a resort non-smoking.
Certainly if DVC is responsive to it's members and they conducted a survey, I think there would be plenty of support for the implementation of a non-smoking rule by the majority of DVC members. No lawyer real or pretend could win against that kind of data. They haven't won against voters in Columbus.