The High Court has rejected the claim of a Balearic citizen who argued that a health measure prohibiting the consumption of tobacco in public spaces affected fundamental rights to freedom of movement and equality.
The regulation, issued in February last year, prohibited the consumption of tobacco on public roads or in open air spaces for public use when a minimum distance of two meters from other people could not be maintained. The regulation also prohibited the consumption of tobacco on the terraces of public establishments or similar spaces.
The judges rejected the claimant’s argument that the prohibition provoked a persecution of smokers and found that the restrictions were supported by scientific reports and agreed upon at a critical moment in the development of the COVID-19 virus. The appeal was not accepted for processing, and the citizen will have to pay the costs of the process.
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