Senior judges in Germany have ruled that a semi-ban on smoking in bars is unconstitutional, because tiny one-room taverns cannot set aside space for patrons who smoke.
Legislation passed by the 16 states in the past year allows taverns and restaurants to set aside smoking areas. Publicans who operate tiny bars, often in converted shops, challenged the law, saying it discriminated against premises which cannot be partitioned. The Federal Constitutional Court in the southern German city of Karlsruhe agreed, directing the states of Baden-Württemberg and Berlin to amend their legislation by the end of next year.
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