History of the German smoking ban
The smoking ban in Germany was always going to be problematic due to the history of a proud nation which seeks to distance itself from the Nazi era. Hitler's party was the first to coin the phrase 'passive smoke' and to misuse statistics in an effort to convince the wider public that it was a danger to health, they also introduced smoking bans in public places to "protect" the public in their own version of "healthy living" where it was your duty to the Führer to be healthy. Much publicity was made of the fact that Hitler, Mussolini and Franco were non smokers, while Churchill, Roosevelt and Stalin all smoked and the Nazi propaganda machine ensured that public information notices were everywhere warning the public against the evils of tobacco. The end of World War II saw cigarettes being viewed as a symbol of freedom and liberty as people were once again allowed to enjoy tobacco.
Since the war Germany has built itself as one of the most liberal and freedom loving countries in the world with a "live and let live" attitude and cities where brothels and all night bars are common place; there has been much criticism of the fact that a person can enter a public building, drink all night, have unprotected sex with complete strangers and yet are forbidden by law to have a cigarette.
A nationwide smoking ban was introduced briefly for Germany in 2006 but it only lasted a few days before being overturned following a massive public outcry and legal challenges.
Effects of the ban
The German Hotel and Restaurant Association were reporting a 58% downturn in trade by the middle of the first year of restrictions and marches by thousands of publicans and their customers are commonplace by anti ban protestors.
Effects of the ban in Germany have been less widespread than in other countries due to the general intolerance of the public to the largely unwanted legislation.
Compliance with the legislation
In Bavaria where a total smoking ban was introduced the only exceptions were for private clubs, as a result of this over 30% of the bars in the area have now changed into such clubs as a method of survival. This not only showed the futility of attempts to control the publics social behaviour but also made a mockery of the familiar claims that "everyone wants non smoking bars".
Many methods of getting around the ban have been utilised; mobile smoking bars now drive around towns catering for smoking customers, one restaurant cut holes into the walls so that diners could pull open a curtain and lean outside to smoke and with Germany bordering a wealth of more democratic countries many people now pop across the borders into tolerant countries such as Poland and Czechoslovakia to enjoy an evening out. In many parts of Germany the anti smoking laws are simply ignored completely.