Cannstatter Wasen allows smoking in tents despite stricter non-smoking protection laws

For some, a cigarette is a natural part of a visit to the festival tent, for others it is stressful and may even be a reason not to go to the party. Despite a tightening of the non-smoking protection law a few months ago, the blue haze remains permitted at the Cannstatter Volksfest - unlike at the Oktoberfest in Munich. Why is that?

The rules in Stuttgart

The new Non-Smoking Protection Act provides for additional smoking bans in places where many children and young people are out and about - such as playgrounds, bus stops, outdoor pools, zoos or amusement parks. E-cigarettes, vapes and shishas now also fall under the rules for smokers because harmful substances are produced when burned or heated. However, it still contains exceptions for beer, wine and festival tents. That's why cigarettes are still allowed at Cannstatter Wasen, the event is announced on the festival's website.

As part of the development of the new smoking rules, a citizens' forum actually clearly advocated bans on smoking and vaping in beer, wine and festival tents. People in need of protection are also in need of protection there. However, the state government did not follow the recommendation because events such as festivals are usually limited to a short period of time. The focus is less on the social gathering than on the event character.

The rules in Munich

However, the rules are different at the largest folk festival in the world, the Oktoberfest in Munich. Smoking is generally permitted in beer gardens and on the festival grounds. The organizers say that there has been a strict ban on smoking in the beer tents since 2010.

There were no major problems with the introduction, and the ban is now considered established. The innkeepers have also adapted to this: They have invested considerable effort in converting the tents with additional balconies and outdoor areas. Smoking is still permitted there.

The resistance in Stuttgart

Some citizens do not want to accept the exceptional rules in Baden-Württemberg. They are suing the Constitutional Court: The eleven plaintiffs see the exceptions as a violation of the principle of equality and the right to physical integrity, said the associations Pro Rauchfrei and Non-Smoker Protection Association Germany, which are supporting the citizens in their lawsuit.

While there is extensive protection against tobacco smoke in other publicly accessible indoor spaces, visitors and employees in festival tents are still exposed to the smoke. “While children are not allowed to enter smoking restaurants, they can “enjoy” tobacco smoke close together in the tent,” the organizations said.

According to the information, the plaintiffs also include a self-employed musician who regularly performs in festival tents and is therefore forced to attend corresponding events. He is therefore also claiming a violation of professional freedom, it was said.