A Spanish judge has overturned a ban on smoking in public spaces in the Madrid region

A Spanish judge has overturned a ban on smoking in public spaces in the Madrid region, arguing it contravenes fundamental rights.

The Spanish government and the leaders of Spain’s 17 autonomous regions have agreed to ban smoking in outdoor public places when it is not possible to comply with the 2-meter social distancing rule.

But a judge in Madrid says that a regional government cannot limit fundamental rights “without first declaring a state of alarm.”

The judge also based his decision on the fact that Madrid had started implementing the ban without it being previously announced in Spain’s official gazette.

The regional government says it will appeal the decision, which does not affect the implementation of the ban elsewhere in the country.