"The delimitation of the conditions of the designated smoking areas that may exist in establishments open to the public does not limit the exercise of the freedom of trade of individuals or legal entities since it does not affect the substantive nature of the economic activities in which they decide to engage. Nor does this delimitation violate the right to operate their commercial businesses, since the purpose of the challenged regulation is to regulate protection areas to ensure the integrity of people to reduce the latent risks that may exist to their health and life."
[Unnamed Actor] v. Mexico
Actor v. Mexico, Amparo on Appeal 672/2023, Second Chamber of the Supreme Court of Justice of the Nation (2024).
- Mexico
- Mar 13, 2024
- Second Chamber of the Supreme Court of Justice of the Nation
The plaintiff filed an amparo lawsuit against the Decree amending the General Law for Tobacco Control, specifically seeking the repeal of Article 27, which restricted smoking areas to outdoor spaces. The plaintiff argued that this provision violated its rights to freedom of trade, equality, non-discrimination, and legal certainty.
The first instance court denied the amparo, determining that the reform was a proportional measure to protect public health and did not infringe upon fundamental rights or discriminate. The plaintiff appealed the decision, but the second-instance court declared it lacked jurisdiction to rule on the constitutionality of the contested article. Ultimately, the Second Chamber of the Supreme Court of Justice of the Nation upheld the first instance's decision, affirming that the regulation was constitutional, progressive, and consistent with international standards, thereby denying the amparo.