Facts
The Shisha Bar GmbH operates a shisha bar each in Bern and Thun, where it offers the consumption of water pipes in addition to beverages. On September 10, 2008, the Grand Council of the Canton of Bern enacted the Law on Protection against Passive Smoking (SchPG), which entered into force on July 1, 2009. This law, among other things, introduced a smoking ban in publicly accessible indoor areas of catering establishments, but continued to allow smoking in smoking rooms (enclosed rooms with separate ventilation).
The Shisha Bar GmbH challenged these provisions insofar as they concern the smoking of water pipes. It argued that the smoking of water pipes is an indispensable part of its business concept and that the law therefore constitutes an inadmissible interference with its economic freedom.
Considerations
The Federal Court dismissed the Shisha Bar GmbH's appeal. It found that the smoking of water pipes falls under the Bernese legislative regulation on protection against passive smoking, as experts consider it to be just as harmful as the smoking of other tobacco products.
The court saw no inadmissible interference with the economic freedom or other fundamental rights of the appellant in the provisions. The smoking ban in indoor areas serves the legitimate purpose…