15 March 2011

Mexico City's bars and restaurants must remain smoke-free

The Supreme Court's rulings this week upheld the constitutionally of laws banning indoor smoking in public places in Mexico City

By BRONSON PETTITT

Mexico Weekly / March 15, 2011

The Supreme Court on Monday and Tuesday upheld the constitutionality of laws banning indoor smoking in public places in Mexico City, and overturned eight injunctions filed by several businesses and individuals.

The 11 justices unanimously rejected the injunctions including some filed by restaurant and hotel owners.

They were challenging parts of the capital's Business Operations Law and the Law to Protect the Health of Non-smokers, which were passed in 2008. These laws requires businesses to have open-air spaces if they wish to give clients the option to smoke.

With the court's decision, justices ruled the Mexico City Legislative Assembly (ALDF) has the authority to create anti-tobacco laws.

“Tobacco is extremely dangerous for the health. I would know – I smoked for 44 years,” Justice Salvador Aguirre said Monday. “I totally agree [on the health risks]. But on the other hand, tobacco sales are legal activities, and I believe the government has the obligation to persuade smokers to abandon this unfortunate vice.”

Restauranteurs say the open-air provisions are discriminatory and violate their rights to free commerce. Business owners were also challenging laws requiring them to post non-smoking signs in restaurants; encourage clients who smoke to stop the habit; and call on the police if the clients refuse to stop smoking in banned areas.

The court's debate was based on Justice José Ramón Cossío's prepared deliberations on the injunctions. He argued that the Mexico City and federal anti-smoking laws are constitutional.

For its part, Costco filed an injunction against the General Laws to Control Tobacco, arguing against provisions that require supermarkets and stores to keep cigarettes in display cases which only employees can access.

The court also overturned Costco's injunction, arguing the provisions were not a violation of free commerce or discriminatory.

None of the 11 justices is a smoker, according to La Jornada.


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