To photograph or not to photograph...

This seems to me (me being most definitely NOT a lawyer) to be similar to not being able to require or compel people to say the Pledge of Allegiance. If I have the right to say or NOT say something, why would I not also have the right to create or NOT create something as I saw fit? Taking photographs is creating something. It was not as if this photographer had the only camera in existence and was the sole source of any photographic records. Also, as I see it, this is a private business and as such is permitted to supply (or not supply) their services to anyone they choose.