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Status: December 18, 2020 2:17 pm
In Lower Saxony, New Year’s Eve fireworks can be sold and burned. This was decided by the OVG and therefore revoked the prohibition of the Lower Saxony Crown Ordinance.
Such a comprehensive ban is not necessary as a protection measure against infection, he said in a message from the Higher Administrative Court in Lüneburg on Friday. The current version of the Lower Saxony regulations prohibits in paragraph 10a not only the sale, but also the transport and burning of fireworks and other pyrotechnic objects. The country must now improve Crown regulation and make a ban on fireworks more concrete. This is the time that fireworks are allowed to be sold and burned on New Year’s Eve.
Plaintiff: prohibition too complete
The ban should be applied nationwide by January 10, 2021. On Wednesday, a person from Lower Saxony filed a lawsuit with a request for control of standards. She had argued 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.
No “legitimate target under the infection protection law”
The OVG 13th Senate approved this request. In the judges’ opinion, infection protection measures can only pursue “legitimate objectives under the infection protection law”, for example, protecting the population from a Covid infection and avoiding overloading the health 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.
Firecracker injuries do not tie up hospital capabilities
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.
Dish: sparklers do not cause build-up
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. For a national ban on fireworks, that is, not just a ban on high-public places, the state of Lower Saxony had also failed to come up with any convincing justification.
The country must adapt the regulation
It is clear that the ban has serious negative economic effects on fireworks manufacturers. Furthermore, the general freedom of action suffers. According to the OVG, the decision on the urgent application is indisputable. Large public fireworks are still banned.
More information
Crown in Lower Saxony – current reports
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