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High court challenge to smoking ban launched
Last updated at 16:22pm on 29.06.07
Campaigners for the right to smoke have launched a High Court challenge over the Government's smoking ban
Campaigners for the right to smoke today launched a High Court challenge over the Government's smoking ban in enclosed public places.
The ban, which comes into effect on Sunday, covers virtually all enclosed public places including offices, factories, pubs and bars, but not outdoors or in private homes.
The pressure group Freedom2Choose lodged papers at the Royal Courts of Justice in London as they began their campaign for a judicial review.
A judge will now decide whether there is an "arguable case" raising genuine issues of law that should go to a full hearing.
Bob Feal-Martinez, for Freedom2Choose, said the case raised "questions of personal liberty" and highlighted the dangers of "a democracy becoming a dictatorship".
He said after lodging the papers: "We are seeing the erosion of the personal liberty in this country people like my father and grandfather fought to achieve. "Next on the agenda is alcohol, closely followed by food.
"If people don't stand up for their rights and against governmental intereference, we will get a dictatorship, not democracy."
The Freedom2Choose legal challenge is based on the contention that the new smoking ban violates human rights laws.
These include a breach of Article 1 of the First Protocol of the European Convention on Human Rights which guarantees the right to the peaceful enjoyment of possessions.
Freedom2Choose also says the new laws are an "unjustifiable" infringement of the right to respect for privacy under Article 8 of the Convention.
The group's solicitor, Jaswinder Gill, from the legal firm Ormerods, said:
"We are saying the new legislation is a disproportionate interference with basic human rights, both in relation to a right to private life and the property rights of a lot of clubs and pubs and businesses."
Mr Gill said it could lead to the alienation of individuals who, under the new prohibition, would no longer be able to light up in the traditional places where they could smoke and talk and drink.
Reader views (5)
Stop discriminating against smokers. We have choices, it’s our right. Smokers should have their own area to smoke where they aren't hurting anyone. It’s called compromise! The whole no-smoking stuffis just the government's way of trying to get people to stop smoking; well truth is you can't stop people from smoking. If people want to quit then it’s up to them but don't pressure others into following suit. I don't like alcohol, why not ban that! The amount of deaths and accidents it causes is unbelievable and not to mention the binge drinking culture amongst teens. Why not do something about that? It’s just as bad!
- Nikki, Yorkshire
It's not just about Human rights you know, it's about personal choices and that's what we didn't get from the Government. A choice of whether to have a Smoking/non-smoking areas. In Australia they have seperated Food and Smoking areas. If you want to eat you can't smoke and vice verser it's as simple as that. Maybe the Smoking ban will help people kick a nasty habit but that's not just the only bad habit that this country suffers from and it's called Driving a Vehicle and there are over 30 million of them in GB! Do you not think that this is ok? Do you think it's ok to walk down a street with a pushchair with a 2 year old only to get covered in Diesel and Petrol fumes from all types of Vehicle and breathing what's left of any clean air? How do you think kids get Asthma? by smoking 20 fags a day?! I don't think so! It isn't going to come up smelling of Roses anytime soon and if these pro-smokers have a point to make then maybe, just maybe, they may save a little piece of what's left of Democracy in this land of ours and in the words of Bob marley - "you can't please all of the people all of the time".
- Paul, Poole
An excellent campaign. I wish you well.
- Jane, London
Those poor smokers, unable to clog up the air with there acrid cancer causing fumes. Peaceful enjoyment of possessions? Well now finally I'll be able to enjoy a drink or a meal without being overcome with these foul smelling cigarettes, lets not even talk about cigars. The irony of this group called "Freedom to Choose" is that they are campaining against my freedom to choose a healthy environment. Smokers are so selfish that way!
- Scott, London
The smoking ban in Wales is working well. Hopefully in the next few years it will be banned in all public places, streets, parks etc...bring it on, sooner the better!
- Tim, Newport, Wales.
