The national restaurant association of Mexico, Canirac, has obtained a definitive suspension against the federal anti-smoking law that went into effect on Jan. 15, and banned lighting up in public and open spaces.
The General Law for Tobacco Control explicitly prohibits people from smoking in certain outdoor public spaces, such as parks and beaches, and other places of social gathering like stadiums and squares, and restricts restaurants from serving food or beverages in designated smoking areas. Restaurants as a result reported a 30% decrease in consumption due to the law’s implementation. Under the law, anyone who smokes in prohibited areas can be subject to fines of up to $10,374 pesos (US $551.89) or be detained for up to 36 hours. Restaurants not in compliance can suffer economic sanctions or face temporary or permanent closure.
A collegiate court in administrative matters granted Canirac the suspension on the 13th of July, protecting the association’s member restaurants from the law’s effects. The chamber argued that its statutes give it the power to defend, represent and promote the interests of the restaurant industry. Canirac having 600,000 members filed an amparo lawsuit by ensuring that the restaurant industry already complied with regulations that protect “the right to free development of the personality of smokers”.
“One of the main objectives of the Chamber is to look after the interests of our affiliates and the restaurant sector. Today more than ever, we are clear that we are a strong and united industry. This suspension is the result of the joint work that we carry out every day,” said Germán González, Canirac’s national president.
Under the terms of the suspension, restaurants that can demonstrate their affiliation to Canirac and that currently have an operating license to comply with the tobacco-use regulations prior to the reform can serve food and beverages in authorized smoking areas, according to the provisions that existed before the decree went into effect.
“The restaurant industry already complied with regulations that safeguard the right to protect the health of non-smokers and a healthy smoke-free environment while respecting the rights of smokers,” González added. Rather than protecting non-smokers, Canirac argues, the law generates prohibitions and restrictions that limit human rights, forcing restaurants and other establishments to discriminate and deny customer service. “The established regulatory system complied with the purposes of the decree in a way that is less restrictive of other rights,” the Canirac president emphasized.
There have been a wave of lawsuits by businesses arguing that the new restrictions negatively impact their operations. However, civil society and consumer advocacy groups have urged the court to uphold the validity of the law before its verdict.
source : MexicoNewsDaily.com
Bring Back Smoking Freedom 