Verdict in Düsseldorf: Successful lawsuit against mask requirement



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The new mask requirement in Düsseldorf is illegal. The administrative court decided today. However, this only applies to the citizen who has submitted the emergency request.

Therefore, all other citizens must continue to wear a mask. According to the court, the city’s decision is not detailed enough. It says, for example, that the mask requirement applies whenever a distance of five meters cannot be maintained.

According to the court, this goes far beyond the requirements of the Crown Protection Ordinance, which provides a scientifically proven distance of one and a half meters.

The city has yet to respond

So the city may well need to improve now, but the general mask requirement remains. The city of Düsseldorf has yet to respond.

The court justified its decision as follows: citizens cannot clearly see where and when to wear a mask. “Rather, you should use the undefined terms ‘time of day, spatial location, and pedestrian frequency’ to decide for yourself if there is a situation where encounter traffic is ‘objectively excluded.’ And criticizes that the locations for the mask requirement are not clearly defined.

Five more urgent motions to court

The court had received a total of six urgent requests as of Friday afternoon. The fact that the court’s decision does not completely invalidate the rule is due to administrative law. Before deciding on the other five applications, the court wants to wait and see if the city of Düsseldorf reacts and possibly changes the regulation on the mask requirement.

The city of Düsseldorf introduced the mask requirement in public spaces last Wednesday. Until now, it has been applied throughout Düsseldorf for road users using the pavement. Parks, green spaces, and cemeteries are exempt from the mask requirement.

Whoever fails to comply must be sanctioned with a fine of 50 up to a maximum of 25,000 euros. The city had announced that it would wait with fines until the court decided today.

Those: wdr.de

NDR Info reported on this topic in “Mittagsecho” on Nov 9, 2020 at 1:05 pm.


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