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In squares, parks and in the Isar it is no longer allowed to consume alcohol after 11 at night. A man has already gone to court and done well.
In Munich, it is no longer allowed to drink alcohol in public at night. Due to the increasing number of corona infections, a far-reaching alcohol ban will take effect in the Bavarian capital from this Friday evening. No more alcoholic beverages to be sold anywhere in the city between 9pm and 6am every day. And after 11 pm it is forbidden to consume alcohol in public places, for example in squares, parks or on the Isar. Anyone who violates this rule must pay a fine of at least 150 euros. Of course, the ban does not apply to private property, restaurants, and licensed events.
With these two bans, the city is reacting to the fact that more and more Munich residents have recently been infected with the corona virus, especially the young. You want to prevent the pathogen from spreading even faster through uninhibited celebrations and in large groups. Hundreds of people had recently gathered at places like Gärtnerplatz on beautiful summer nights. Other Bavarian cities such as Nuremberg, Augsburg or Bamberg have also issued bans on the consumption of alcohol in public; the state government had expressly encouraged them to do so.
Critics fear, however, that this could shift the party into private life, where it is even less controllable. The left, for example, was the only one of the factions of the city council that rejected the bans of alcohol in Munich; everyone else supported Mayor Dieter Reiter’s proposal on Tuesday. He did not plan to impose an alcohol ban immediately, but only when the so-called 7-day incidence of new infections exceeds 35.
Plaintiff obtained an exception for himself
That was the case in Munich on Friday, the State Office for Health and Food Safety reported a value of 35.27 in the early afternoon. The alcohol ban will now apply for a week until next Thursday, for all but one: a plaintiff at the Munich Administrative Court enforced that he could continue to drink alcohol in public after 11 p.m.
The city confirmed the administrative court’s urgent decision on Friday night, but noted that everyone else must adhere to the ban. “Until we have a final decision from the Bavarian Administrative Court, we assume the legality of our measures, which have also been coordinated with the Ministry of Health, and we will implement them,” Reiter said. And further: “The decision of the Munich Administrative Court only refers to the prohibition of alcohol consumption, not to the prohibition of the sale of alcohol, and applies exclusively to the applicant as an individual and not to the general public.” The Administrative Court will deal with it next week.
The 7-day incidence, which is decisive for the prohibition of alcohol, measures the number of all corona infections in the last seven days per 100,000 inhabitants. Since May, there has been a rule in Germany that districts and cities must impose stricter anti-corona measures if their 7-day incidence exceeds 50. The Free State of Bavaria has also defined the value of 35 as a so-called early warning system : If exceeded, authorities should consider local anti-crown measures.