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Mnchen – The Bavarian Administrative Court (VGH) confirmed on Tuesday the ruling of the Administrative Court: The ban that Mayor Dieter Reiter (SPD) had issued on Friday by general decree is disproportionate!
At least if it applies to the entire city. The VGH has thus found a Munich lawyer who has sued as an individual, correct. Although the alcohol ban theoretically would have applied to the general public, the OB announced shortly after the verdict: The prohibition on selling alcohol to go after 9:00 p.m. and the prohibition on consuming alcohol in public after 11:00 p.m. no longer applies in Munich., the general decree is being revised.
This is how the court justifies the sentence
On the grounds of its decision, the Higher Administrative Court stated: The prohibition of alcohol consumption in public areas could “presumably be based on the Infection Protection Act as a necessary protection measure”. It is a suitable means of countering the spread of the coronavirus because it helps avoid crowds.
Furthermore, the consumption of alcohol in individual cases, due to its “disinhibiting effect” during the corona pandemic, could lead to “problematic behaviors” (shouting, talking loudly, less distance between individuals). Especially when a lot of people gather, as was the last case at Grtnerplatz. The regulation of the general provision, however, is “unnecessary and therefore disproportionate” insofar as it extends to the entire urban area.
Is alcohol prohibition coming in certain places now?
Reiter now wants to focus precisely on the hot spots of the party that originally started the discussion about a ban at the city hall. He said Tuesday: “I have instructed the city administration to draft a new general decree that takes into account all the provisions of the court decision and it will be published as soon as possible.” First of all, it is about Grtnerplatz and the floodplains of the Isar.
In the town hall, as happened when the general decree was issued, there was (almost) agreement that there should be a ban, albeit in a weakened way. If necessary, limited locally.
“We welcome the VGH’s decision,” FDP parliamentary group leader Jrg Hoffmann told AZ, “that the measure should be applied across the city was simply too much.” Councilor Hans Theiss (CSU) specifically demands: “We want the application of the Bamberg model, which has already been judicially reviewed.” The model precisely defines the period and places affected by the prohibition of alcohol.
The left, which was the only parliamentary group to vote against the ban last week, is following up on its criticism of the OB. Councilor Stefan Jagel: “Now we have lost time to discuss the alternatives and implement them. From our point of view, the prohibition of alcohol was not the right solution from the beginning.”
Corona incidence falls below 35
Perhaps, presumably Reiter, the problem will soon resolve itself. The incidence figure relevant to the measures, that is, the number of infections per 100,000 inhabitants in seven days, fell below the critical value of 35 on Tuesday. Reiter: “If the trend continued, we could refrain from banning alcohol altogether.” For him, it is not a question of “spoiling the spas”, but of “controlling the infection process as well as possible”.
