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German High Court Says Bavarian Anti-Smoking Law Constitutional  

Jump to full article: Bloomberg News, 2008-08-12
Author: Rainer Buergin

Intro:

Germany's highest court said a law that bans smoking in restaurants in the state of Bavaria is constitutional, rejecting an appeal by an unidentified smoker and two innkeepers.

The Bavarian law is in line with a July 30 ruling that permits smoking bans as long as they don't allow for exceptions, the Karlsruhe-based Constitutional Court said today. Allowing smoking in beer tents until the end of this year doesn't breach rules because the exemption is of a temporary nature, it said.

The Bavarian state law, one of the strictest in Germany, doesn't apply to clubs with a restricted membership because they aren't open to the public. That regulation doesn't impinge on innkeepers' freedom of profession, the court said.

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