The puff has been taken out of smoke bans, writes James Norman in Berlin.
Jump to full article: The Age (au), 2008-12-30
Intro: In stark contrast to Australia — where smokers have become a much maligned social group — the German High Court has just overturned smoking bans in small bars and restaurants, making Germany one of the last havens for smokers in Europe.
The ruling came after the owners of two small bars claimed their businesses had been unfairly hit by the smoking ban. They claimed that because of their bars' small size, they were unable to provide a cordoned-off smoking area, which created a competitive disadvantage. The constitutional court agreed.
The ruling means that German states must ban smoking in all pubs or restaurants or offer exceptions for single-room establishments.
The court ruled that the previous rather modest smoking ban proposed by Chancellor Angela Merkel's coalition of conservatives and Social Democrats was unconstitutional. It found that the law went against the rights of the state governments to impose their own regulations.
This latest ruling is part of an ongoing tussle in Germany, where the forces of civil libertarianism and corporate tobacco industry interests have become unlikely bedfellows. . . .
History may play a role here too.
The Nazi Party was strongly opposed to smoking and, after 1945, smoking became a symbol of postwar freedoms and progressive values.
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