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The Vorarlberg cable car operators declare that conventional oral and nasal protection is sufficient. Jurist Bernhard Müller doubts that an FFP2 mask requirement is constitutional.
The obligation to wear an FFP2 mask in the ski area apparently only applies to people over the age of 14 in the closed gondola area and associated covered waiting areas. The Vorarlberg cable car operators announced this on Tuesday evening, and at the same time announced that under these circumstances all Vorarlberg ski areas will open their doors on December 24. Restaurants that can be reached by car may offer take away food.
For all other ascent aids, conventional oral and nasal protection is sufficient, explained Andreas Gapp, chairman of the group of ropeway specialists at the Vorarlberg Chamber of Commerce. Now that the general conditions have been clarified, nothing stands in the way of the “Vorarlberg Weeks,” Gapp said. “We are delighted that all the Vorarlberg ski areas are opening between December 24 and 26,” he said. We are aware that the opening of ski areas also comes with a great responsibility. Therefore, the cable car companies made available additional employees who will be in charge of enforcing the distance rules in the waiting areas. Vorarlberg Regional Councilor Christian Gantner (ÖVP) promised financial support from the state.
The lawyer loses the “factual and understandable justification”
For the private teacher and state and constitutional lawyer Bernhard Müller, the foreseen obligation to wear FFP2 masks in the ski areas as of December 24 is unconstitutional. He thinks the measures are important, but loses an “objective and understandable justification.” The government should have learned from the revocation of all crown measures by the Constitutional Court, the lawyer stressed on Tuesday.
“The same must be treated in the same way,” Müller summed up a constitutional principle. In commerce or public transport, the FFP2 mask is not required either, although the risk of contagion is not less than in the tail of the ski lift, according to the legal expert.
Apart from that, a suitable measure that protects against infection should also be feasible. “How exactly do politicians imagine that? On the slopes, with the helmet down, the mask up, the helmet up, the helmet down, the mask down, the helmet up”, Müller commented and concluded: “That does not work in reality”.
“Why one like that, the other like that?”
He thinks that a tube scarf is “an incredibly practicable thing” and that he can also use it on public transport. “Why one like that, the other like that?” He is of the personal opinion that the FFP2 mask requirement has to do with external effect, probably due to the “blunder that happened to us in the ski areas”. “So that it doesn’t look so stupid, we’ll make the opening with a mask,” Müller suggested. FFP2 masks seemed to be “in” at this time.
Legal concerns aside, resistance to FFP2 goggles for skiing fun continued elsewhere. The President of the Austrian Cable Car Association in the Chamber of Commerce and ÖVP-Abg. Franz Hörl spoke to the “Tiroler Tageszeitung” (Tuesday edition) about “another blow in the cable car pit” and added: “We want to open the door to the locals. First we were held for weeks, now they hit us again Pies.” Someone would have to explain to him “what is the difference between being transported by gondola or subway in Vienna”.
(WHAT)
