Pseudolus - I think I see one of the miscommunications here. My general bitch is not that one particular establishment has music, but that they *all* do. If it were only one establishment that was playing the music, yes, it could be avoided easily. But as many people on this thread have said, music is present everywhere. I cannot remember the last time I went to a restaurant that did not have any music whatsoever. So I do exercise my option not to eat out anymore.
But, I do have to buy groceries. And every grocery store in the area has some kind of music also. Strip malls pipe the music to loudspeakers outside the stores, so I'm forced to hear it while I walk to/from the car. A month or so back I was walk to the county building downtown and there was music being played over loudspeakers - and there weren't even any stores in the area. Every department store has it.
If I accompany someone to a place, chances we are going to want to talk. If we cannot talk in normal conversational tones because of a TV/sound system, that is an assault. If the sound system is so loud that I want to plug my ears, that is a physical assault.
The fallacy in my comparison with the smoke, water, vinegar was that I was trying to personalize it for Matt. To revamp it, suppose that every public place did one or more of those things. Re: you comment on still having ice water on you - an attach is not defined by how long it's effects last, but that it was committed to begin with. And there have been many time I have left somewhere and had a ringing in my ears, or a bit of tune or lyrics running thru my head.
I say that it is an attack because it is an intentional, unnecessary sensory stimulus. It is a way to distracting people so that their full mental facilities are unavailable. Depending on what type of music is played, it can alter peoples moods or actions (see above posts regarding moving people the store or getting them to linger). If the music being played is distasteful to a person, it can alter their mood in a negative way - making them uncomfortable, irritable, or angry. And I don't suggest that an establishment change their music to suit my musical preferences. But it would be nice if there was no music whatsoever - then there wouldn't be disagreement as which patrons like what genre of music.

What is the sound of one hand clapping?
I don't know - I can't hear it for the damn muzak.