Rauchen nicht verboten

The first time my husband and I went to Berlin - over New Year's 1989-1990, just as The Wall was crumbling - we figured out pretty early on that, in order to be able to enjoy lunch at the wonderful cafe around the corner form our hotel, we had to get there by 11:30. If we showed up any later than that, the restaurant would be full of acrid blue smoke from all the natives puffing away. We would gobble down our salad and goulash, with a wary eye on the door for the entrance of the local clientele. All of them, it seemed, walked in smoking, and, before they even sat down, tossed their cigarette packs in the middle of the table so that they wouldn't have to put up with the bother of having to reach into their pocket to retrieve their next smoke.

Gasp!

Last time around - May 2007 - things had gotten a bit better. Most places we ate at least had a no-smoking zone of some sort - usually small and the least desirable location in the place (other than for the smoke factor). But there were still an awful lot of smokers around, which comes as something of a shock now that we're so used to fully non-smoking establishments in Massachusetts. (And even in Ireland, you can't smoke in public places any more.)

A week or so ago, I saw an article in The Economist that talked about the July 1st smoking laws that went into effect in all 16 of Germany's states.

This would presumably improve their abysmal rating:

Last year the Swiss Cancer League ranked the tobacco-fighting zeal of 30 European countries, and placed Germany 27th.

And we can assume that the 3 countries behind them are probably Soviet bloc countries where smoking harsh unfiltered cigarettes was the one great pleasure that anyone got out of life.

But for the Germans: ban, schman.

As The Economist pointed out, Germans who would wait for the "walk sign" before stepping foot off of the curb - even with nary a car in sight for miles - apparently have had no problem just saying no to smoking laws. And, as reported in The Telegraph (UK), their highest court has now overturned the short-lived ban as unconstitutional.

Restaurants and bars have been screaming bloody blue smoke murder about the ban, and the high court ruling came after a couple of small bar owner made the case that their businesses were being hurt by it. Their bars were too small to have a separate smoking area and thus, they argued, they were placed at a competitive disadvantage.

The courts ruled in their favor, and

Now, all German states will have to review their smoking bans and come up with new legislation by 2009, either banning smoking outright or allowing it in one-room bars too.

One would have to ask why, with the rest of the Western world increasingly anti-smoking, would put up such resistance to something that is better for your health, better for the environment, and cheaper to boot.

But, apparently, in Germany,

...smoking has established itself as a lone act of rebellion against the prevailing culture.

Under the Nazis smoking was frowned upon. After 1945 smoking became a symbol of a post-war freedoms and broadmindedness.

Interesting theory, but given that the war has been over for more than 60 years, it's hard to believe that there are many elder-smokers out there still lighting one up to stick it to de fuhrer. It's hard to believe that this little bit of broadminded rebellion hasn't died an ugly death, isn't it?

It will be interesting to see what 2009 brings with respect to German smoking bans.

Meanwhile, the smoking lamp is lit, and  rauchen nicht verboten in Germany.

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For some reason, thinking of "smoking" and "German" in the same breath, has planted the tune Johnny Schmoker in my head.

And, oh, no, it's now being supplanted by Spike Jones comic ditty, De Fuhrer's Face.

A mind is a terrible thing to waste, isn't it?