The Eighth District Court for Administrative Matters of Mexico City granted a provisional suspension against the reform of the Regulations of the General Law for Tobacco Control, in an amparo promoted by the Hunan restaurant, “for the purpose of not apply the regulatory regulations claimed”, and continue to operate in compliance with the anti-smoking Regulations that were in force before its reform, can be read in the ruling whose copy you have HIGH LEVEL.
On the other hand, the new regulations were suspended this Thursday -in short- in favor of the restaurant The Great Golden Lion,
In the amparo promoted at the end of January by the restaurant-bar El Gran León de Oro, the Fourth District Judge in Administrative Matters of the capital of the country, Ulises Oswaldo Rivera Gonzalez, determined to grant the definitive suspension of the regulatory standard, which means that This company will be able to keep its spaces for smokersuntil the merits of the amparo are resolved.
The changes to the Regulations of the General Law for Tobacco Control, which have been in force since last January 15, indirectly prohibited smoking areas in bars and restaurants, by establishing that these businesses cannot offer drinks and food, or any entertainment service, in areas where smoking is allowed.
In addition, it is ordered that these areas are not delimited by any wall or construction, which practically makes unfeasible -for restaurants- the spaces that they already had enabled for their smoking diners.
presumption of unconstitutionality
In both cases, in the suspensions granted, the judges give the reason -in a preliminary way- to the businesses applying for amparo, since the reformed Regulation is presumed unconstitutional by imposing a disproportionate measure that violates the right to freedom of trade, contemplated in article 5 of the Constitution.
However, the Ministry of Health and the Legal Department of the presidency can challenge these resolutions through a Complaint Appeal, in the case of the provisional suspension that Hunan has already obtained. While the definitive suspension granted to the Great Golden Lion would have to be appealed through the Review Appeal.
In both options, the Collegiate Circuit Courts are in charge of resolving said appeals, in accordance with articles 81 and 97 of the Amparo Law.
In addition to prohibiting the sale of food and beverages in smoking areas in restaurants and bars in the country, the reform to the Regulations also It prohibits the consumption of tobacco products on beaches, hotels, parks, performance and entertainment centers, stadiums, fields, shopping malls, markets, and transportation stops.
Likewise, the regulatory changes, which were published in the Official Gazette of the Federation on December 16, 2022, prohibited all commercial establishments from displaying the cigarette packs they have for sale.
In this vein, several businesses also promoted two separate protections in order to be allowed to display these products, but the provisional suspensions that they requested were denied, although the demands were admitted.
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surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.