Originally Posted by
MariaSF
AFAIK, each state apply their own exceptions to the general ban. For example: smoking room inside a restaurant, night clubs and pubs, at outside tables. etc.
Getting technical now, but my understanding is this:
- The federal government tried to introduce a smoking ban (in 2005, IIRC)
- The Constitutional Court ruled that smoking legislation was not within the jurisdiction of the federal government (but had to be done at state level)
- This ruling left each state free to introduce its own smoking ban - or not! (In other words, it's the entire legislation that's done at state level, not just the exemptions)
- There are now smoking bans in all states.
By the way, I've just heard that Bayern has just approved to restrict smoking even more. If I understood right, the only exception there will be the Oktoberfest.
I knew they were having a referendum but hadn't yet heard the outcome. That's great news!