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Munich – Chaos around the prohibition of alcohol :!
The Munich Administrative Court suspended the prohibition of alcohol consumption in the state capital in an urgent decision due to disproportionality.
But: OB Dieter Reiter (62, SPD) is still stubborn, does not want to accept the court’s decision. It states that the judgment applies to only ONE plaintiff. “I have no reason to stay the execution just because of this first instance decision. Especially with regard to the judicial decision on the measures in Bamberg, which were confirmed in the second instance by the VGH “.
But: Several lawyers consider the city view according to BILD information impractical.
The head of the SPD of the city council, Anne Huebner, announced meanwhile on Twitter that the city wanted to move to the next higher court, the administrative court.
The administrative court ruled in the afternoon that the crown-related ban on consuming alcohol in Munich between 11 pm and 6 am is illegal. One in Munich had appealed against the ban, which also affected him.
In support of its decision, the court declared that the seven-day ban on use was disproportionate. A less drastic measure from the court’s point of view would have been, for example, to initially limit the consumption ban that applies to the entire city area to known hotspots, such as Gärtnerplatz or the Isar floodplains in the area of the city center.
►If consumer behavior is shifting to other locations as a result, the state capital “could have made a local adjustment.” Therefore, it would have been appropriate to “react to grievances initially with local bans, and wait and evaluate the success of the measure.”
Despite the legitimate objective of minimizing the risk of infection, the court considers that the prohibition of alcohol in “the entire urban area by people of all kinds in any situation”, that is, regardless of the specific risk situation according to the law of protection against infection is “inappropriate and excessive”.
It is not clear if you can drink alcohol outside all day on the weekend! Bad weather could at least mean that there is no chaos on the streets.
