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On one side are the government and health establishment, who on 2 January introduced one of the strictest smoking bans in Europe, prohibiting smoking not only in enclosed public spaces but also in the vicinity of schools, hospitals and in children's playgrounds.On the other side are furious bar owners who are ignoring or evading the law, with some stepping forward in outright rebellion and posting 'you can smoke here' signs or calling public demonstrations.
In this battle it is crystal clear what is at stake in smoking bans, and what the different sides represent. This is not a conflict between smokers and non-smokers, but between those who are for the bureaucratic regulation of social life and those who are for tolerance and liberty.The Spanish pro-ban movement is defined not by its dedication to health or even non -smoking (prime minister Jose Luis Rodriguez Zapatero himself is a smoker). Rather, its defining feature is a conformist mentality: an emphasis on following the rules, obeying to a minute degree official proscription for the regulation of social life.
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Pro-ban lobby groups and sections of the Spanish media have busied themselves interpreting the absurd dos and don'ts of the new law. One article lamented that it was not clear exactly how far you had to walk from a hospital entrance in order not to fall foul of the law. Another sought to allay the 'many doubts' about the remit of the new law and provide its readers with guidelines for action. Yes, says the article, you may smoke in sports stadia, on beaches and at bus shelters, even if there are children present. But no, you may not smoke in children's play areas (signs will say exactly where the play area begins and ends) or in an outside terrace if it is bounded by more than two walls. Yet this Murcia newspaper was unable to get answers from the Health Ministry as to whether people could smoke in the entrance to two particular local bus and train stations, which are semi-covered. Are they 'open air' or not? The conformist's objection is that the law is not so sufficiently defined as to provide a guide for conduct in every possible situation.
As we have seen in other European countries, smokers can be conformists on this question just as much as non-smokers. The Spanish prime minister hopes that the smoking ban will help him give up, a declaration of weak will that is somewhat concerning coming from a head of state. Other Spanish smokers have said that the ban provides an incentive for them to quit or to be healthier. A Spanish consumer group called for people to report bars that are failing to comply with the ban, in what one paper describes as an attempt to 'create a country of informers'. Some did turn into informers: the consumer group received over 1,000 reports by 4 January. And some bar owners were conformist, too, pleading with their patrons to 'help us comply' with the new law, and providing heaters or even coats to make smokers' outdoor vigils easier to bear.By contrast, the anti-ban movement is defined not by its celebration of smoking, but by its libertarianism. The movement's slogan is 'Ban the bans: Smokers and non-smokers for tolerance'.
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