Germany: Mayors criticize new smoking ban, call it impractical

A new non-smoking law in Germany's Baden-Württemberg state, implemented on June 1, has quickly drawn criticism from local officials who deem it impractical. The legislation broadens smoking bans to include more locations frequented by children and adolescents, such as playgrounds, bus stops, swimming pools, zoos, and amusement parks. Notably, the ban now also covers e-cigarettes and vapes, as their use is considered to release harmful substances.

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It helps with clarity. But it leads to immense investments to mark it legally.

Mayors have voiced concerns about the law's ambiguity and implementation challenges. Tübingen's Mayor Boris Palmer (independent) called the law "impractical," while Stuttgart's Mayor Frank Nopper (CDU) described it as "not a very mature and practical piece of legislative art."

In response to the feedback, Health Minister Oliver Hildenbrand (Green Party) stated that the government takes all feedback seriously and will update application guidelines. He proposed a pragmatic solution for bus stops: a 15-meter radius around the stop, mirroring traffic regulations for stopping bans. "Where stopping is not allowed, smoking should also not be allowed," Hildenbrand suggested.

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Neither the smokers nor the citizens walk around with a measuring tape.

However, Palmer expressed continued dissatisfaction with this proposal, acknowledging it brings clarity but would necessitate "immense investments" for legal marking. He argued that neither smokers nor citizens carry measuring tapes, rendering the proposal impractical. Palmer reiterated his support for a proposal by the Norm Control Council (NKR) to ban smoking near waiting shelters, citing the NKR's concerns about the difficulty of monitoring and enforcing bans at open-air stops, as well as the additional bureaucratic burden on municipalities.

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Where stopping is not allowed, smoking should also not be allowed.