Baden-Württemberg festival tent smoking exemptions challenged in court

Eleven citizens, supported by the organizations Pro Rauchfrei e. V. and the Nichtraucherschutzverband Deutschland e. V. (NRSV), have filed a constitutional complaint with the Baden-Württemberg Constitutional Court. The legal challenge targets the exemption of beer, wine, and festival tents from the state's non-smoker protection laws.

The complainants argue that maintaining this exemption violates the principle of equality and the right to physical integrity. They highlight that while other indoor public spaces are protected from tobacco smoke, visitors, employees, and professionals in festival tents remain directly exposed. The complaint specifically notes that children are permitted in these tents despite being prohibited from smoking restaurants, and that professional musicians face violations of their freedom of occupation due to the environment.

Furthermore, the complaint alleges that Baden-Württemberg is violating international obligations under the World Health Organization Framework Convention on Tobacco Control (WHO-FCTC). The group asserts that the state's current legislation fails to meet the convention's requirements for a smoking ban in all indoor public spaces and improperly allowed tobacco industry influence during the legislative process.