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Hannover’s state government fears crowds due to the din on New Year’s Eve. But his blanket ban on fireworks goes too far for the Lüneburg High Administrative Court.
The Higher Administrative Court of Lüneburg has temporarily suspended the ban on fireworks in the Lower Saxony Crown Ordinance. Such a comprehensive ban on fireworks is not necessary as a protection against infection, he said in a court message on Friday. The new version of the Crown Ordinance in paragraph 10a prohibits not only the sale, but also the transport and burning of fireworks and other pyrotechnic objects. The ban should apply across the country from the last Wednesday until January 10, 2021.
Attorney Mark-Oliver Otto had turned against this with a rule-checking application. He claimed that banning fireworks was not a necessary infection control measure. In particular, it does not need to be comprehensively extended to all types of fireworks and all locations. “The ban really upset me,” Otto told the German news agency on Friday. “When you shoot, you naturally keep your distance,” emphasized the lawyer. Also, crowds are not expected on New Year’s Eve, for example, at the edge of a field in the country.
Court: Ban on firecrackers unsuitable for protection against infection
The OVG 13th Senate granted the plaintiff’s motion. In the judges’ opinion, infection protection measures should only pursue “legitimate objectives under the infection protection law”, such as protecting the population from infection by the Sars-CoV-2 virus and avoiding overload of the virus. healthcare system.
However, this does not include the hazards that would result from handling fireworks. Therefore, the ban on firecrackers is not appropriate, not necessary, and also not adequate to achieve the objectives of the infection protection law.
Not all fireworks have the same rating
Dealing with fireworks has led to numerous injuries in the past, especially on New Year’s Eve. This is to be expected this year too. However, these short-term treatment capabilities did not reduce the capabilities needed to treat Covid-19 patients.
Also, a total ban on all types of fireworks is not necessary, the judges argued. For example, sparklers, peas, and tabletop fireworks would not have the potential to bring large numbers of people together.
Cologne bans firecrackers in crowded areas
Meanwhile, the city of Cologne has banned firecrackers on New Year’s Eve in at least some areas of the city, and this also with regard to the Corona situation. From December 31 at 8 p.m. to January 1 at 3 a.m., the lighting and burning of fireworks, flares, rockets, Bengali fire, gunpowder or other pyrotechnic objects will be prohibited in known firecracker hot spots, announced this Friday the city.
The ban applies to the area around the cathedral, the old town, the banks of the Rhine, and nightlife areas such as the Belgian Quarter. It should serve to prevent the formation of crowds. Also, you should avoid overload in hospitals.
Netherlands: citizens should deliver firecrackers
The authorities in the Netherlands go one step further. Because at present not only the sale and use of fireworks is prohibited, but also the possession and storage at home. Therefore, Amsterdam and other cities have asked residents to turn over supplies of their firecrackers to the authorities.
“Fireworks at home? Avoid fines and delivery!”, It has been on the website of the Dutch capital since Friday. With the nationwide ban, in effect since December 1, authorities want to prevent emergency medical services, which are heavily used due to the Corona crisis, from having to deal with injuries caused by firecrackers around the turn of the year.
Violations can result in fines and criminal charges. Therefore, the mayors of the four main cities have decided to establish collection points where up to 25 kilograms of fireworks per person can be delivered free of charge, ANP reported. Even particularly heavy blows, the sale and possession of which were illegal before the current ban, could be eliminated with impunity in this way.
