[ad_1]
The Bavarian Administrative Court has overturned the prohibition of night alcohol in Munich. The verdict was announced Tuesday afternoon.
The court thus rejects a complaint from the city against an urgent decision of the administrative court last Friday. A private plaintiff had complained that after 11pm alcohol was not allowed in public places throughout the city. The judges had agreed with the particular plaintiff.
Objective: prevent the increase in new corona infections
The ban was on 08/27. Mayor Dieter Reiter (SPD) decreed that in the state capital the corona early warning value, the critical level of 35 in the 7-day incidence, was exceeded. The measure should prevent exit restrictions or school closings, he said in a city council message.
The consumption of alcoholic beverages in public spaces between 11 pm and 6 am the following day must be prohibited for a period of seven days.
Court: general injunction not “mandatory”
To justify its decision, the Bavarian Administrative Court declared that the ban was an “adequate means [sei]to counteract the spread of the coronavirus because it helps prevent crowds. ”
The regulation of the general decree is not necessary and, therefore, disproportionate with regard to the entire area of the city. Limiting the ban to hotspots is considered to be “an equally suitable and less burdensome means for the target group”.
