- 14 Mar 2002
- Reaction score
Yesterday, the Tokyo District Court ruled that an indoor smoking ban does not violate the Constitution. The plaintiff sued the government for 2m JPY in compensation over the revised Health Promotion Law, which took effect in 2020 and bans smoking in indoor settings, including bars and restaurants. He claimed the law indiscriminately restricts the freedom of smoking while dining and violates Article 13 of the Constitution, stipulating that all people should be respected as individuals.
The ruling noted that the legal revisions are aimed at protecting people from suffering serious health damage by inhaling others' cigarette smoke. The court said smoking is banned to a reasonable extent under the law because it excludes outdoor establishments, where smoking is considered less harmful to people. The ruling added that allowing indoor smoking at dedicated outlets would hardly be in line with the purpose of the law, citing the possibility of secondhand smoke filling those establishments.