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Anti-smoking Laws in Two German States Questioned by Top Court

by Rajashri on July 31, 2008 at 2:12 PM Lifestyle News

Complaints against anti-tobacco laws in two states were upheld by the top court in Germany, in a ruling that has broad implications for a country once seen as a smokers' paradise.

Anti-smoking Laws in Two German States Questioned by Top Court

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The Federal Constitutional Court said clauses of laws in the city-state of Berlin and the southwestern region in Baden-Wuerttemberg were unconstitutional because they threatened the livelihood of owners of small bars and clubs.

The six-to-two ruling means that customers in one-room bars and discotheques in the two states can keep lighting up until at least the end of 2009.

It could also send similar legislation in 12 of Germany's 14 other states back to the drawing board.

Lighting up in small establishments in the two states had been effectively outlawed because a separate, closed-off smoking room was required even in the smallest taverns. In Baden-Wuerttemberg, smoking in nightclubs was barred entirely.

The plaintiffs said they faced discrimination in their business practices under the laws.

The court agreed and said the states would have until 2010 to decide whether to introduce a blanket smoking ban, as is the case in the southern state of Bavaria, or one that allows fair exceptions for single-room bars and clubs.

Chief justice Hans-Juergen Papier made clear, however, that the court saw public health as more important than the right to smoke or run a bar and would rule accordingly in any further challenges to the laws.

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Anti-smoking Laws in Two German States Questioned by Top Court

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