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Old Mar 29, 2008 | 1:49 am
  #18  
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Originally Posted by Aviatrix
Why is a strict smoking ban unrealistic?

Here in the UK it's simple... if it's someone's workplace and it's got a roof on and walls on at least two sides then you can't smoke. No exceptions. And it works!

I think it's the exceptions that cause the problems...
Even being a very strict non-smoker I am not sure I fancy the UK situation. Its perfect with offices (and similar places), however, in particular on the pub and bar front it went too far in Bavaria and it goes too far in the UK.

The UK's justification for this strict ban is the protection of workers and workplace environment and this resulted is a strict law without any exceptions. Germany had quite a problem with the competence for issueing such laws and it was not clear whether it was state level or federal level. The workplace environment argument was understood (a) as being week and (b) not sufficient for all smoking bans (eg. in stations) which were considered. So they put it on state level which allowed a broader ban, however resulted in several different concepts in the individual states.

Most German states introduced a diversified concept, in particular for bars, restaurants and pubs balancing the general personal (constitutional) rights and freedoms of smokers and non-smokers. Smoking is understood (obviously by smokers) as part of the cultur and part of there personal freedom. This is not fully incorrect as smoking has several hundred year tradition.

In Bavaria they wanted to ban smoke even from places like the Oktoberfast of local beer festivals and it provoked a movement (and I understand this to be reasonable) to allow innkeepers to decide whether the establishment becomes smoke free or not - everybody has the choice. Some innkeepers transformed their properties into "private smokers clubs" which are in most states exempted from the ban and I do not mind. I don't have to go there and a smoker is not forced into a non-smoking property.

The simple argument "smoking is dangerous for non-smokers" is pretty weak. You driving a car is dangerous for non-automobilists. You playing golf on a course crossing public roads and paths is dangerous for other people. Several more examples can be found. Live is dangerous and the freedom for one person creates danger for others. The smokong ban in some places became a fanatic crusade - and this is never a good approach.
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