A few hours ago, the Federal Constitutional Court in Karlsruhe declared the smoking ban laws of two German states unconstitutional. Single-room pubs with less than 75 sqm that serve no food and aren’t accessible for people under 18 are now provisionally allowed to permit smoking .This decision indirectly applies to at least 12 of the 14 other German states.
Provisionally - because the states have to make constitutionally correct laws by the end of 2009.
Three owners of small bars in Baden-Württemberg and Berlin had called for judicial review. The court ruled that their entrepreneurial freedom is overly restricted by the smoking bans in the hospitality sector as long as bigger venues with several rooms may designate smokers areas. Hence, the court’s main legal argument is leveling the playing field.
The court offers two options:
1) A total ban without any smokers areas and separated rooms in bars and restaurants.
2) Exemptions for small single-room venues in addition to the possibility of separating rooms.
Option 1) is no solution as it would worsen the situation.
Unfortunately, the court echoes the passive smoking fraud. And only one (possibly two) of the eight judges thinks that a total smoking ban in the hospitality sector would be unconstitutional.
More information to follow.
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2 comments:
If you do this in Germany: http://www.odyssei.com/travel-gallery/115356.html how can we NOT smoke?? It's not possible.
This is such a useful site! so much info about Germany! Thanks!
Hi Dragonfly, how right you are!
The delicious stuff linked in your posting is from Bavaria.
Look what happened there:
http://forces-germany.blogspot.com/2008/09/situation-in-bavaria.html
http://forces-germany.blogspot.com/2008/09/landslide-defeat-for-anti-smokers-in.html
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