Tobacco.org

A Victory for German Smokers 

Cheers and whoops resounded in small bars around Germany Wednesday, as the country's highest court gave smokers cause to light up for a celebratory puff. In a nationally televised ruling on Wednesday, the Federal Constitutional Court ruled unconstitutional a ban on smoking in small bars, and forcing state legislators back to the drawing board in their efforts to protect public health. . . .

It remains questionable whether Germany's leaders have the political will to tighten bans on smoking. The court gave lawmakers until the end of 2009 to come up with new legislation. Until then, one-room bars of less than about 800 square feet can permit smoking, providing the under-18 are excluded, no food is served and a large sign outside warns non-smokers what awaits them.

While striking down the partial ban as discriminatory, presiding judge Hans-Jürgen Papier said the government was free to pass a total ban, since the protection of public health was paramount. But with a Federal election just 15 months away, it is unlikely that lawmakers will confront the country's formidable restaurant and tobacco lobby — or the nation's happy smokers.

At the Dudenschänke bar in Berlin's Kreuzberg district, adorned with ads for beer, chocolate and, of course, cigarettes, owner Erika Müller-König was ebullient.

Jump to full article »