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The complete closure of gyms during partial closure in the Free State violates the principle of equal treatment and is not proportionate. This was decided by the Bavarian Administrative Court (BayVGH) and put the ban on gyms out of action in the current Bavarian Infection Protection Ordinance. There is no legal recourse against BayVGH’s decision.
Individual sport must also be allowed in fitness studios.
According to current regulation, sports halls and fields in Bavaria can be used for individual sports alone, as a couple or with household members. However, this is not currently allowed in fitness studios; Like all other leisure facilities, they had to close completely. According to the Superior Administrative Court, gym owners are at a disadvantage with this regulation without this being objectively justified. Therefore, individual sport should also be allowed in fitness studios.
Fitness studios can only open “up to a point”.
With its decision today, the administrative court granted the gym owner’s urgent motion, but only in part. The judges confirmed the remaining restrictions on individual recreational sports “as part of a weighing of the consequences”: the current infection situation justifies the restrictions imposed on recreational sports for reasons of protection of life and health, even if the activity economic is severely restricted in sports facilities.
This means that the operation of gyms is only possible to a very limited extent, clarified the Administrative Court.
Ministry of Health: Protection against infection must be a priority
It is currently unclear what effect the decision will have in practice. Bavarian State Health Secretary Klaus Holetschek (CSU) said at the request that the ministry was examining the Administrative Court’s decision and the reasons for the decision, and would react to it. Holetschek made it clear: “For the state government, the following applies: With the current worrying increase in new infections, protection against infections must be a top priority.
FDP: “Arbitrary regulation” revoked
Bavarian FDP head of state Daniel Föst tweeted that “an arbitrary government regulation was overturned due to lack of proportionality.” Föst emphasized: “If gyms are sources of infection, the government must be able to prove it.” “We believe” is rightly not enough in a constitutional state.
Confirmation of restaurant closures
The Bavarian Administrative Court had rejected urgent requests against other restrictions and protection measures in recent days. For example, the judges did not classify the restaurant closures and lodging ban as “obviously disproportionate” or “contrary to equality.”
Mask requirement: students must receive “breaks”
The judges also did not override the basic mask requirement in schools. In short, the mask requirement is a measure of protection provided to contain Corona, it was said to justify. Wearing a mask is generally reasonable for students. However, the BayVGH restricted: The provision had to be interpreted in such a way that “students have the opportunity to take breaks in the fresh air while observing the minimum distance”.
