Dutch Smoking Ban Illegal

May 12, 2009 - PRLog -- Owners and customers of small bars and cafes are celebrating today as the Court of Appeal in Den Bosch, Holland, ruled that the smoking ban could not be enforced on small establishments without employees.

The Dutch smoking ban, passed to protect the health of employees from the perceived threats of secondhand smoke, was successfully challenged by the owners of Victoria café in Breda in April.  

Subsequently, the Dutch Ministry appealed this decision and demanded a 1200 euros fine and the establishment closed.  

The judge in Den Bosh rejected the appeal giving a clear signal to all small establishments in Holland to allow smoking again.

“This is a common sense ruling,” according to Andy Davis of Freedom2Choose.  “How can a law be placed on an establishment that doesn’t meet the criteria?  This café and many small bars have no employees.  Why should they be subject to legislation supposedly designed to protect employees?  It also shows up the ludicrous situation in our country where businesses are falling on a daily basis and clubs are closing as a result of our harsher blanket ban.”

The Dutch Ministry is now considering its options and is awaiting the outcome of a further appeal in the Leeuwarden court.

Reference:
Dutch smoking ban is up in the air - http://www.nrc.nl/international/article2239623.ece/Dutch_...

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