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Anti-smoking Laws in Two German States Questioned by Top Court
In the meantime, the establishments in the two states could go back to their old practices, the judges said, but with certain limitations.
The court said one-room bars where smoking would provisionally be allowed had to be smaller than 75 square metres (807 square feet), offer no food, and not accept anyone under the age of 18 as a patron.
The judges noted that because the number of smokers in such establishments was relatively high, a tobacco ban to protect non-smokers from second-hand smoke "made little sense".
Lighting up in bars and restaurants became largely illegal in the last of Germany's 16 states on July 1, spelling the end of the country's status as one of Europe's last havens for smokers.
The new anti-tobacco laws have met with strong popular resistance and are being challenged by restaurant and pub owners in courts around the country, where nearly one in three adults smoke.
In Saxony, Schleswig-Holstein and Rhineland-Palatinate, judges have lifted the ban in single-room bars, provided the owners serve the drinks themselves.
Meanwhile a report released Wednesday showed that the smoking ban and inflation had led to Germans drinking less beer, the tradition-steeped national drink.
In the first half of 2008, Germans imbibed 52 million hectolitres (1.1 billion gallons), 1.7 percent less than the year before, the federal statistics office said.
Source-AFP
RAS/L
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