smoking ban

from Wikipedia, the free encyclopedia
No smoking sign according to ISO 7010

A smoking ban prohibits tobacco (and often comparable substances) from being burned in certain places . The aim is usually to protect those present from the dangers of passive smoking , to protect against fire or to avoid pollution.

Smoking bans can be issued by owners of house rights and enacted by the legislature .

aims

Smoking bans and other measures against smoking, there are several reasons:

The last two points, which include religious freedom or the freedom of a responsible person to harm themselves, do not play a role in liberal and secular legal systems and do not constitute a legal prohibition , as they would violate the principle of freedom of action .

Fire protection

Smoldering cigarettes, cigars and pipes come under the term "open fire " and are prohibited by law or due to requirements in areas where there is a risk of explosion and fire.

For example, forests are at risk of fire when there is drought, production facilities with flammable or explosive substances and dust (here petrol stations , sawmills , mines , flour mills , etc.) and many historical buildings. Smoking is also prohibited in museums and archives, in which the protection of the exhibits or stored goods is paramount. For reasons of fire protection, there is a general ban on smoking and fire. B. in theaters and operas.

Avoiding pollution

Smoking bans have long been common

  • in shops to prevent the goods on display from taking on the smell of tobacco,
  • in hospitals and nursing homes ,
  • in many laboratories and sensitive production areas (→ clean room ),
  • in public transport .

Smoking bans can lead to considerable savings in cleaning costs (discarded butts, pollution from smoke and ash) and repairs (smoldering damage to parts of buildings or furnishings); Until well into the 1990s, for example, newly introduced smoking bans in underground stations were primarily justified with such savings and not with the protection of non-smokers . The Swiss Association of Public Transport (VöV) reported a year after the introduction of a smoking ban on all trains that, thanks to the massive reduction in cleaning costs, around 1.3 million euros would be saved annually.

Protection against the dangers of secondhand smoke

Smoking outside of specially designed smoking rooms is severely punished in Hong Kong

Tobacco smoke can cause considerable annoyance, impairment, danger and damage for passive smokers:

  • short-term malaise, anxiety , loss of appetite;
  • Eye and respiratory tract irritation;
  • long-term health consequences up to a statistically increased risk of cancer and heart attack;
  • asthma attacks , migraines , allergy flare-ups in sensitive or previously impaired people ;
  • in pregnant women, damage to the embryo (pregnant women can only avoid this risk by completely giving up smoking themselves and avoiding places where others smoke);
  • Adhering odor pollution from body, clothing and objects carried.

According to a study by the World Health Organization (WHO) from 2009, around 600,000 people die every year as a result of passive smoking.

Protection against the dangers of passive smoking is the primary motive for smoking bans

A police officer explains the new smoking ban on public transport in East Timor to a driver (2019)

It was only a few years ago, against the background of the health hazards of passive smoking, which have now been proven , to pay more attention to the protection of passive smokers from damage to health and nuisance and to introduce smoking bans worldwide in means of transport, public buildings and increasingly also in restaurants.

One way to protect employees from passive smoking is to use smoking cabins at workplaces. Technically, these smoking cabins with source extraction function like hazardous material workplaces in laboratories to protect users from harmful vapors. They are associated with running costs, for example for cleaning and replacing the filters.

Road safety

A smoking ban for reasons of road safety is a controversial issue for vehicle drivers. Some serious traffic accidents can be attributed to smoking. The jurisprudence also seems clear: “It can be assumed that a certain recklessness can be seen in the fact that people smoke while driving. This affects the ability to drive because when smoking he cannot use both hands exclusively to hold and operate the steering wheel. "

Smoking behind the wheel is already banned in Belgium (company vehicles only), New Zealand, several Canadian and Australian provinces and Scotland; Italy is considering z. Z. (end of 2009) also introduced such a regulation. In most of these legislations, however, the ban on smoking in cars only applies if minors are traveling with them, i. In other words, passive smoking and the protection of minors are more likely to be argued. In these cases, the smoking ban applies not only to the driver, but also to the passengers. More details in the article No smoking in passenger cars . In Austria, smoking has been prohibited in cars since May 1, 2018 if children or young people (up to 18) are traveling with them. Similar regulations protect people up to the age of 16 to 18 in Italy (only here pregnant women are also protected), Greece, Cyprus, Great Britain (but not in convertibles with an open top in England and Wales), Ireland and France. Contrary to other interpretations of "complicated formulated" federal law, the Austrian Chamber of Commerce makes it clear: According to the Tobacco Act (Section 12, Paragraph 4, 1st sentence) and also the regional taxi operating regulations, "a smoking ban" has been in effect in taxis, as generally in public transport.

Protection of minors

Measures specifically designed to protect children and adolescents from smoking include:

Many US states have raised the age limit for smoking in public from 18 to 19 years; States Portugal , Denmark , Netherlands , France , Great Britain and Italy lifted in the period 2005-2014 to their age limits from 16 to 18 years. In Germany , too , changes to the Youth Protection Act came into force on September 1, 2007, raising the limit from 16 to 18 years.

Some cigarette manufacturers underline their obligation to protect minors with statements such as B. "Smoking: Adults only please" or "Cigarettes are luxury foods for adults". Critics fear, however, that this will motivate children to smoke because they associate smoking with the aspired adulthood.

Religious motifs

Smoke and intoxicants have cult status in numerous religions and world views. In ancient times, Semitic peoples made smoke offerings to their gods , the Jews had detailed rules for this. The use of frankincense is already known during the mummification of the Egyptian pharaohs. In many religions there seems to be a demarcation between fragrant and non-intoxicating or hardly intoxicating substances that accompany meditative cult activities when burned and those that intoxicate the senses and have negative connotations as an expression of self-centeredness (cf. Gal 5 : 19-26  LUT in Christianity). The oracle of Delphi is one of the counterexamples for the cultic use of intoxicating substances . Tobacco smoke was also used in ritual acts, although its availability was limited to America before the immigration of Europeans. Tobacco smoking probably goes back to priests and medicine men of the American indigenous peoples (see history of tobacco consumption # origin in America ).

In religious places such as churches, synagogues, mosques, temples, smoking is now generally viewed as inappropriate, similar to eating or drinking. However, this was quite common in Catholic churches until the Baroque era .

Smoking is frowned upon or prohibited in certain religious groups, such as Jehovah's Witnesses and Mormons . Many religions are at least theoretically opposed to smoking, because like alcohol it is one of the (health-damaging) stimulants. Although the Qur'an does not speak about smoking, it is forbidden due to its consequences and addictive effect or is at least not worth striving for, which is also propagated by numerous clergymen. Nonetheless, smoking is widespread among Muslims and the proportion of smokers in Islamic countries is significantly higher than in Europe. In 2010, the Hamas regime imposed a ban on smoking water pipes against women in the Gaza Strip in order to push them out of the public eye in line with the radical Islamist image of women. Devout Muslims consider smoking to be prohibited during the day in Ramadan .

Economic motives

The high economic damage caused by smoking (see economic aspects of tobacco smoking ) may have led the state to ban smoking in the past. Since smoking bans in the sense of comprehensive tobacco consumption bans, even for adults, would excessively restrict the right to free development of the personality , smoking bans against adults nowadays have the sole aim of preventing nuisance or damage to third parties and objects. Government measures against smoking fully business-capable are limited to awareness campaigns, tobacco tax increases, etc.

Maintaining the company peace

Often there are disputes in companies over the subject of "smoking breaks" for which employees interrupt their work. This includes the frequency and length of breaks, the question of how to react to missed clocking out, etc. Workers who are paused are not immediately available to carry out work, especially if they go outside to smoke. Complaints from non-smokers among the employees that they would be disadvantaged by fewer and shorter breaks, i.e. by longer net working hours, and the fact that they often have to step in for their absent colleagues, can be prevented by a general smoking ban in the company.

history

Smoking ban "because of the police" in 1814 in the Bremen City Theater
Police ordinance on the smoking ban in fire-endangered commercial establishments of May 23, 1940

As early as 1590, Pope Urban VII is said to have banned the faithful from smoking tobacco in churches under threat of excommunication . The first record-based representation of a smoking ban is in the Bull Cum Ecclesia of January 30, 1642. The bull came about under Pope Urban VIII . The law was then in force until 1724, when Pope Benedict XIII. who was a heavy smoker.

In 1647, people in Connecticut were only allowed to smoke once a day and not in the presence of others; in 1650, smoking was restricted to adults (21 and over).

When tobacco smoking began to spread around 1600, some rulers in the despotism of the East initially reacted with draconian corporal punishment. In Europe (later also in Russia, Turkey etc.), on the other hand, the way to limit tobacco consumption through selective smoking bans, for example in churches, and luxury taxes, and at the same time to use it as a source of income. Further smoking bans came up when smoking became more widespread during the Thirty Years' War . In the Duchy of Lüneburg , smoking was theoretically even the death penalty until 1692 . According to a well-known anecdote, for some 1848 revolutionaries the most important demand was the abolition of the smoking ban in Berlin's Tiergarten .

The ban on smoking in the trenches of World War I served as self-protection: lighting or glowing a cigarette could reveal the position of a soldier and thus make him an easy target.

Starting in the 19th century, there were non-smoking compartments in trains ; these initially only comprised the smaller part of the seats. In the course of the 20th century, the proportion of non-smoking places was expanded more and more as required. Smoking has been banned on all Swiss transport companies since 2005, and on German and Austrian railways since 2007. Other European railways also implemented smoking bans during the same period. The smoking ban in the dining car of Deutsche Bahn had been in place since 2006.

Smoking area on a platform in Munich Central Station
An enclosed smoking room at a Japanese train station - air extraction on the roof.

Since October 25, 1948, smoking has been banned on Viennese trams , until then the first sidecar functioned as a smoking car.

According to the US researcher Robert N. Proctor , smoking bans based on health risks for the first time were enacted in Germany during the Nazi era ( campaigns against smoking in the Third Reich ). Against this background, the US company Philipp Morris tried unsuccessfully to discredit smoking bans by comparing non-smoking areas with Jewish ghettos. A major turning point in the health hazard assessment is considered to be a report published in the United States in 1964: Smoking and Health: Report of the Advisory Committee to the Surgeon General of the United States . The report marks the beginning of social perception in America that no longer speaks of habituation, but of addiction.

Numerous authorities and companies introduced a general smoking ban on their premises between around 1980 and 2000. For example, in France in 1991 the Loi 91-32 du 10 janvier 1991 was adopted relative to the lutte contre le tabagisme et l'alcoolisme ("Loi Évin"). On January 19, 1999, the German Federal Labor Court decided in a landmark judgment (file number 1 AZR 499/98) that general smoking bans are permissible in operating rooms. The federal legislature took this into account by making it clear through the amendment of Section 5 of the Workplace Ordinance that a general smoking ban for the entire company or a smoking ban limited to individual areas of the workplace are suitable measures for the protection of non-smokers.

The airlines , too , have been gradually imposing smoking bans since the 1980s, after the division of aircraft into smoking and non-smoking areas had proven to be a farce if the areas were not structurally separated from one another (e.g. by partition walls). Starting in 1990, smoking was banned by law in the USA for flights of less than six hours, until 1996 all US airlines implemented a general smoking ban, and since 2000 this has also applied to airlines in other countries that serve the USA. The Lufthansa banned smoking on domestic flights in 1995, 1998 on all flights. The Swissair banned smoking from 1996 on European flights, in 1998 the entire network. Austrian Airlines only followed suit after a survey in 2000 and imposed a general smoking ban. It was justified in terms of health and cost savings (lower fuel consumption due to the lower need for bleed air and lower cleaning costs).

The desire for legal smoking bans for the purpose of protecting non-smokers has existed since the mid-1970s, when the first non-smoking initiatives were founded. High hopes were associated with the first law on the protection of non-smokers, which, however, was rejected on February 5, 1998 after a heated Bundestag debate in a roll-call vote without any parliamentary party obligation (54 percent against, 41 percent in favor). Around nine years later, the federal states issued smoking bans that went differently.

In 2004, UEFA banned smoking on coaches' benches at international matches. In 2017, there were three stadiums in the 1st Bundesliga in which smoking was not allowed: Prezero-Arena in Sinsheim, Cologne's Rheinenergiestadion and BayArena in Leverkusen (grandstands only).

According to a study by the WHO in 2009, more than 94 percent of humanity worldwide was not protected from tobacco smoke by laws.

social acceptance

Sticker of the Non-Smoking Initiative Germany
Memorial showcase in a restaurant in Etterschlag in Upper Bavaria for the introduction of the smoking ban on January 1st, 2008

The social acceptance of smoking bans is high in Germany. The educational work on the harmfulness of smoking has also contributed to this.

A study by the European Union published in March 2009 shows that the majority of citizens want completely smoke-free facilities. 84% are in favor of smoke-free workplaces. 79% would like a general smoking ban for restaurants and 65% of citizens are against smoking in bars and clubs.

In February 2008, the results of a survey by the Allensbach Institute for Demoscopy showed the desire to be partially smoke-free . Only 14 percent of the population spoke out in favor of generally allowing smoking in restaurants. Around a third voted for a total smoking ban, while 48 percent were in favor of a regulation that is already in practice in some federal states: Smoking is allowed in an adjoining room. Other studies found similar results: For a ban on smoking in public buildings and restaurants by the polling institute polis / Usuma spoke in 2006 according to a survey for the focus of the German 76 percent. Surveys by GfK on behalf of the DKFZ and Infratest dimap on behalf of the Hessian State Office for Addiction Issues also showed that around 70 percent agreed to smoking bans in restaurants. In contrast, inconsistent regulations at state level are rejected: According to a survey by the market research institute TNS Emnid, 81% of Germans want a nationwide uniform regulation of the smoking ban.

Critics of a legal ban on smoking in gastronomic units see it as an interference with house rules , property rights , entrepreneurial rights and the professional freedom of innkeepers. Furthermore, there is fear of a possible higher level of noise pollution for residents of catering establishments at night due to the shift of guests' stay in front of the door.

In 2009, social acceptance in Germany became clear on the basis of two popular initiatives. In Berlin , the referendum on the lifting of the smoking ban in restaurants only received 2.5 percent declarations of consent instead of the required 7 percent. In Bavaria, however, the referendum “For real non-smoker protection!” With the aim of abolishing exemptions, clearly exceeded the required 10 percent of signatures with 13.9 percent.

Health effects of a smoking ban

The theses with regard to the short and medium-term health effects of smoking bans in gastronomy differ greatly.

In the Swiss canton of Graubünden , according to a study, the number of hospital admissions for heart problems decreased by more than 20% after the introduction of smoking bans. The statistics from the Cantonal Hospital of Graubünden, however, come to different results. According to this, the heart attack rates rose for a few years; this trend was not broken by the cantonal (2007) or the federal (2010) smoking ban. In the US towns of Helena and Pueblo, hospital admissions for heart problems decreased by 16% and 41%, in Iceland for male nonsmokers by 21%, in the Italian region of Piedmont for people up to the age of 60 years by 11% and in New Zealand by 9% in people aged 55 to 74 and by 5% in people aged 30 to 54. Two comprehensive studies from New Zealand found no decline in heart attack rates attributable to smoking bans. A study that included the population of Tuscany found that the results diverged greatly depending on the statistical models used, that changes in other risk factors or diagnostic methods were not sufficiently taken into account, and that this likely overestimated the effects of secondhand smoke in other studies.

In an article for the BBC, the author and data journalist Michael Blastland described the headline in many media that, thanks to the smoking ban in Scottish gastronomy, the number of heart attacks had fallen by 17 percent within a year, as "a nice story, but unfortunately not Right". The declines would not differ significantly from the years before the ban and the study did not show any causal link between the decline and the ban. It is possible that there is one, but it is certainly much smaller than claimed.

A German study on the effect of smoking bans, for which hospital data from 3.7 million insured persons of the DAK-Gesundheit were evaluated from the beginning of 2004 to the end of 2008, found a decrease in heart attack treatments by 8 percent and in angina pectoris by 13% since the introduction of the stricter regulations in Germany 2007/2008. Critics argue that the results are not statistically significant and that the study design used is unsuitable. They said that such research was doing the non-smoker movement a disservice.

The results of national analyzes also show a very differentiated picture:

According to an analysis published in the science journals Circulation and Journal of the American College of Cardiology in 2009 that summarized 13 smaller studies, smoking bans in Europe and the US have reduced heart attacks by 26% annually.

A large US study by the RAND Corporation published in 2011 that contained representative databases such as For example, using the Nationwide Inpatient Survey (NIS), there was no statistically significant decrease in heart attacks. In addition, this study also checked the existing smaller studies by means of subsample analysis and came to the conclusion that after the introduction of the smoking ban, increases in the heart attack rate occurred as often as decreases.

According to a US study published in 2012 that compared several US states, the rate of heart attacks in states with smoking bans did not decrease significantly more than in states without a ban.

A study published in 2014 showed that the ban on smoking in pubs, which was extended to the entire state of Colorado, had no effect on the heart attack rate. A co-author of the study had already been involved in local research in the small town of Pueblo a few years earlier, which at the time suggested a great benefit from the smoking ban. He said that he had clearly overestimated the effect of passive smoking.

According to a study published in August 2016, which evaluated data sets from 28 countries from 2001 to 2008, the influence of the smoking ban in restaurants on the decrease in heart attacks was overestimated. The researchers came to the conclusion that increases in tobacco tax and better access to hospitals are the cause of the decline .

Legal regulations

Web links

Commons : No smoking  - album with pictures, videos and audio files
Wiktionary: Smoking ban  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. see e.g. B. The cost of smoking for health care and national economy in Germany (pdf); Economic Effects of Smoking An Economic Analysis for Austria (2008) (pdf)
  2. From September 5, 63 smoke-free stations nationwide , Der Tagesspiegel August 27, 2002
  3. Smoke-free trains are a success ( Memento of the original from October 18, 2007 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (pdf; 69 kB) @1@ 2Template: Webachiv / IABot / www.sfa-ispa.ch
  4. Risk from passive smoking ( memento of the original dated September 12, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.medknowledge.de
  5. a b http://www.who.int/mediacentre/news/releases/2009/smoke_free_laws_20091209/en/index.html
  6. ^ Süddeutsche Zeitung February 15, 2010: Smokers under the hood
  7. ^ One last piece of "Freedom" - in your own car at tagesschau.de August 31, 2006 (tagesschau.de archive)
  8. SWR: Discussion - Smoking in the car
  9. Legal traffic accident caused by smoking in the vehicle - grossly negligent? LG Lüneburg, AZ: 8 O 57/02, April 24, 2002, ra-kotz.de, Rechtsanwälte Kotz GbR, Kreuztal, D, accessed January 26, 2019.
  10. Ban on smoking in cars - regulations and penalties in Europe oeamtc.at, ÖAMTC , April 24, 2018, accessed January 26, 2019.
  11. Correction: In Austria, smoking is absolutely prohibited in taxis too! ots.at, APA, OTS0107, Austrian Chamber of Commerce, June 1, 2018, accessed January 26, 2019.
  12. sueddeutsche.de July 19, 2010 / Tomas Avenarius : Gaza Strip - Whistle on emancipation
  13. Ulf Weigelt: Much smoke about nothing . The time . December 3, 2009
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  15. Römisches Bullarium, Luxembourg edition, vol. V. page 363 u. 364
  16. Pleasure smoking and the fairy tale of free people ( memento of the original from December 24, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.cigarsandmore.ch
  17. GEO 09/2020, p. 22: Airy vice
  18. ^ Hasso Spode : Smoke signals. On the cultural history of tobacco , in: Buko Agrar Dossier 24/2000, ISBN 3-9805354-9-5 .
  19. ^ Goodbye smoking at SBB , news.ch, December 11, 2005
  20. Blue haze disappears from trains , Der Tagesspiegel, August 30, 2007
  21. As of September, smoking is prohibited on ÖBB trains , Der Standard, August 31, 2007
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  23. Tram geschichtewiki.wien.gv.at, Municipality of Vienna, accessed January 26, 2019.
  24. ^ Robert N. Proctor: The Nazi was on cancer. Princeton University Press 1999, ISBN 0-691-00196-0 , pp. 271ff.
  25. Non-smoker Info No. 34 , requested on February 13, 2009
  26. Law on the protection against the dangers of passive smoking of July 20, 2007, Article 2 (Federal Law Gazette I, p. 1595, 1596, see also the explanatory memorandum of the Federal Council's printed matter 145/07 , p. 13 ( online ))
  27. 25 Years of Smoke- Free Aircraft , Aerotelegraph, February 27, 2015
  28. Stadionwelt v. August 24, 2017
  29. 2008 EUROBAROMETER SURVEY ON TOBACCO. (PDF; 114 kB) European Health Commission, December 2008, p. 5 , accessed on May 14, 2009 (English).
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  31. Majority for smoking ban
  32. Two thirds for a ban on smoking in restaurants
  33. Hesse say yes to the smoking ban ( memento of the original from May 13, 2012 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.hr-online.de
  34. ^ Regulation of the smoking ban , TNS Emid, August 2008
  35. ^ Result of the referendum in Berlin
  36. ^ Result of the referendum in Bavaria. On July 4, 2010, the Bavarian people decided with a voter turnout of 37.7% with 61% for a corresponding change in the law. Since August 1, 2010 it has been strictly forbidden to smoke in public buildings, facilities for children and young people, educational facilities for adults, health care facilities, homes, cultural and leisure facilities, sports facilities, restaurants and airports. This generally applies to the interiors; in facilities for children and young people, smoking is also prohibited on the premises of the facilities
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  42. Passive smoking: Smoking bans prevent heart disease in non-smokers. Retrieved May 29, 2010 .
  43. Smoking bans reduce heart attack rates. In: The Standard . August 30, 2009. Retrieved March 13, 2012 .
  44. ^ After the smoking ban: Fewer heart attacks in Italy. In: n-tv . October 3, 2006, accessed March 13, 2012 .
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  46. ^ After the smoke has cleared: Evaluation of the impact of a new national smoke-free law in New Zealand. Retrieved February 5, 2011 .
  47. Assessing the effects of the introduction of the New Zealand Smokefree Environment Act 2003 on acute myocardial infarction hospital admissions in Christchurch, New Zealand . PMID 20078567
  48. ↑ Summaries of the results of these studies can be found here and here .
  49. On the relationship between smoking bans and incidence of acute myocardial infarction. Retrieved December 12, 2017 .
  50. Michael Blast Country: The facts in the way of a good story. Retrieved December 13, 2017 .
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  53. Heart attack study: Smoking bans save thousands of lives . In: Spiegel Online . March 13, 2012
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