Legal challenge to ban on smoking

[Trumplestiltskin 5,791]

Is does this appeal have some heavy shades of desperation to it?

"Peaceful enjoyment of possessions?". Yeah... like that flies. I can possess a bottle of whiskey, but odds are I won't be allowed to enjoy that particular possession on the courthouse steps...

A legal challenge to the government's smoking ban in England will be launched at the High Court by campaigners.

Freedom2Choose says the change in the law from 1 July contravenes the European Convention on Human Rights.

The group insists it is not interested in the health debate about smoking, but does consider the ban an injustice and an erosion of liberties.

The government said it would vigorously fight any challenge to the ban applying to almost all enclosed public places.

'Test case'

Freedom2Choose will lodge a petition for a judicial review of the legislation at the Royal Courts of Justice in London.

The group cites Article 1 of the First Protocol of the European Convention on Human Rights which assures the right to the peaceful enjoyment of possessions. It also points to Article 8 which covers the right to respect for privacy.

"This will be a legal test case with significant wider public interest," says the group.

Freedom2Choose, which stresses it does not have links to the smoking industry, includes businessmen, licensees, members of the public and a local Labour Party chairman.

The ban follows similar moves in Scotland, Northern Ireland and Wales.

http://news.bbc.co.uk/2/hi/uk_news/6252016.stm

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