According to a report by Daily Mexico, the national association of Canirac restaurants obtained a definitive suspension against the federal anti-smoking law that went into effect on January 15 and prohibited smoking in public and open spaces.
The General Tobacco Control Law explicitly prohibits people from smoking in certain outdoor public spaces, such as parks, and restricts restaurants from serving food or beverages in designated smoking areas. According to the news site Expansión, restaurants reported a 30% decrease in consumption due to the implementation of the law.
Under the law, anyone who smokes in prohibited areas may be subject to fines of up to $10,374 pesos (US $551.89) or detained for up to 36 hours. Restaurants that do not comply may face financial penalties or face temporary or permanent closure.
A collegiate court in administrative matters granted the suspension to Canirac on July 13, protecting the member restaurants of the association from the effects of the law. The chamber argued that its statutes give it the power to defend, represent and promote the interests of the restaurant industry.
“One of the main objectives of the Chamber is to look after the interests of our affiliates and the restaurant sector. Today more than ever, we are clear that we are a strong and united industry. This suspension is the result of the joint work that we carry out every day”, said Germán González, national president of Canirac.
Under the terms of the suspension, restaurants that can demonstrate their affiliation with Canirac and that currently hold an operating license to comply with pre-reform smoking regulations will be able to serve food and beverages in authorized smoking areas, in accordance with the provisions that existed before the decree came into force.
“The restaurant industry has already complied with the regulations that safeguard the right to protect the health of non-smokers and a healthy smoke-free environment, respecting the rights of smokers,” added González.
Instead of protecting non-smokers, Canirac argues, the law generates prohibitions and restrictions that limit human rights, forcing restaurants and other establishments to discriminate and deny customer service.
“The regulatory system established [before the decree] fulfilled the purposes of the decree in a way that was less restrictive of other rights,” emphasized the president of Canirac.
There has been a wave of lawsuits from companies arguing that the new restrictions have a negative impact on their operations. However, civil society and consumer advocacy groups have argued that the law must be respected.
According to the non-profit organization Consumer Power (El Poder del Consumidor), 63,200 people in Mexico die each year from smoking-related diseases.
