The smokers always free to attend tarpaulin terraces

Ales (Gard), in January.

The Paris Court of Appeal rejected Friday 11 May, the application of association rights of non-smokers (DNF), which called for a ban on smoking in five Parisian café terraces covered and protected by tarpaulins, announced counsel for the association.

"The Court of Appeal upheld the first instance judgment and dismissed our request," said Pierre Mairat. According to him, the court held that the association did not provide evidence that these terraces were covered and closed places. "This is a court battle lost to us, but the war is far from over," concluded Mr. Mairat announcing an appeal.

DNF then clearly protested, in a statement titled "Bypass Evin law with a terrace 'smoking' is enabled". The association describes sheeted spaces as "terraces aquarium filled with plumes of smoke." "As the decree Bertrand (published November 16, 2006) clearly establishes the ban on smoking in workplaces and those open to the public, covered and closed, the judges consider this obvious legal circumvention of the Evin Law" of 1991, she accused.

A "outrageous APPROACH"

According to the association, the ministry has yet published a circular in 2008 that "leaves the possibility to smoke in these areas in the public domain only two basic conditions: not to be covered or be completely open on the main facade, be physically separated from the interior of the property ".

"We did some tests with measuring devices particles and carbon monoxide. They showed that some terraces [Parisian cafes)] were experiencing higher than on the ring road pollution ", had said on Thursday the director of DNF, Maria Cardenas. Overall, the association believes that an appellate court "because the café who do not respect the law," while "in Paris the number of terraces rose from 30,000 in 2007 to 45,000 in 2009."

Questioned by AFP, Didier Chenet, president of Synhorcat (Union of hoteliers, restaurants, cafes and takeaways), very based in Paris, has instead welcomed the decision of the Court of Appeal of Paris, he said, "makes justice seriously and professional responsibility. " He admits that 100% of the cafes do not conform to the decree Bertrand, M. Chenet condemns "outrageous process" Audureau Gerard, president of Right of non-smokers, who "wants to go beyond the law and ban smoking everywhere. "

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