The Constitutional Court on Thursday ruled it is constitutional to ban smoking in all restaurants, a measure that has been in place since January last year.

The latest ruling is the fourth constitutional decision made regarding smoking bans, with all four upholding the policy.

The unanimous decision was made on a suit raised by a restaurant owner claiming the National Health Promotion Act violated his constitutional rights.

The act through its Article 9, Clause 4 stipulates that restaurants of a certain size must have nonsmoking zones. The regulation was further strengthened by having in the enforcement decree an all-out smoking ban at all restaurants.

The restaurant owner raised the suit in August last year, saying that the comprehensive smoking ban without due compensation for consequent damages violated the right to property. He had also argued that the limit to freely operating his restaurant violated his right to pursue happiness.

The court said in its ruling that the relevant clauses cannot be deemed to have violated such constitutional rights as they did not obligate any removal or changes to the facilities and equipment of the restaurant.

“As the legislation aims to protect the people staying in the restaurant from health risk through secondhand smoke, the appropriateness of the (law’s) purpose is also recognizable.”

The court also said that while alternatives could include allowing adult smokers to smoke at the facility during a certain period, this would also expose nonsmokers to thirdhand smoking due to residual nicotine and other chemicals that remain in the space.

Previous complaints were raised in 2011 and 2003. The rulings then had also upheld the bans, citing how nonsmokers’ rights preceded the right to smoke.

(khnews@heraldcorp.com)