13 June 2006
The legal challenge to Scotland's smoke-free public places legislation has collapsed. Alan Bowes, Chairman of the Swallow Group had vowed to challenge the legislation in the Scottish courts. The case was due to be heard on 20 June, today however, ASH Scotland has learnt the case has been formally abandoned.
Maureen Moore, Chief Executive of ASH Scotland said,
"It was my view that this challenge was more of a publicity stunt than a serious attempt to block Scotland's smoke-free public places.
"Going smoke-free is about promoting and protecting health. ASH Scotland believes that we all have an equal right to not breathe in second-hand smoke in enclosed public places. Mr Bowes on the other hand argued that such rights should not be extended to bar staff, his own workers. That this case did not even make it to the courtroom underlines just how untenable such an argument is.
"Opponents to smoke-free public places in Scotland have long prophesised economic gloom, mass-disobedience and courtroom battles as a consequence of the legislation. Nevertheless, the past three months have seen many pubs reporting an increase in their trade. Local authorities have seen a near universal compliance with the new law and now the legal challenge against the smoking ban has collapsed too.
"Scotland went smoke-free in order to protect people from second-hand smoke and to challenge the damage tobacco causes to our health. The collapse of this case shows there are no grounds for a human rights challenge to Scotland's smoke-free public places legislation. Citing freedom for smokers to light up as a human right is a gross distortion. Everyone has a right to smoke-free air in public. Scotland's legislation is a success story that the rest of the UK should shortly follow."
For more information please call ASH Scotland on 0131 225 4725 during office hours or 0777 3351878 at other times.
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