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Mexico's Supreme Court Bars Food and Drink Service in Smoking Areas

The 8–1 ruling sets binding jurisprudence that lower courts must apply in amparo cases.

Overview

  • The SCJN Pleno voted 8–1 to prohibit serving food and beverages in exclusive smoking zones in bars, restaurants and entertainment venues.
  • Judges and tribunals nationwide must now follow this criterion when resolving challenges to the tobacco-control regulation.
  • The Court affirmed that under Article 60 the designated areas must be open or isolated spaces used solely for smoking.
  • The decision resolves contradictory appellate rulings and displaces prior Second Chamber outcomes that lacked the votes to create binding precedent.
  • Ministra Loretta Ortiz Ahlf dissented, arguing the regulation exceeds the enabling law, while businesses will need to adjust layouts and service practices to comply.