The Munich Administrative Court considers the alcohol ban planned due to Corona to be "not appropriate" - Mayor Dieter Reiter (SPD) announced that it would still be implemented.
- The Munich Administrative Court has overturned the planned nocturnal alcohol ban .
- Once the threshold has been exceeded, it should come into effect throughout the city in public spaces.
- This will not happen for the time being - Mayor Dieter Reiter (SPD) is dissatisfied.
Munich - This value is worrying: More than 100 people in Munich * were again infected with the corona virus * on Thursday . As a result, the number of new infections * rose to 35.27 per 100,000 inhabitants in the past seven days. This broke the threshold of 35 above which the city had imposed a city-wide nocturnal alcohol ban on the initiative of Mayor Dieter Reiter (SPD) .
Nothing will come of this for the time being. "The ban on alcohol consumption is illegal and violates the applicant's rights," said the administrative court in an urgent decision . A Munich lawyer had sued. The crux of the matter is the city-wide validity of the ban - this is "not necessary and appropriate" in spatial terms. The judges also give the city an idea of how they could decide on an alcohol ban: "As a milder and equally effective means, restricting the ban on alcohol consumption to individual locations can be considered." This includes the meeting places of the party scene , for example on Gärtnerplatz or on the Isar.
The Munich Administrative Court has ruled today (Az. M 26 BE 20.3956) that the public corona-related ban on consuming alcohol in Munich between 11 p.m. and 6 a.m. is illegal https://t.co/1Sx33zpXSy
- Sascha Karowski (@skarowski) August 28, 2020Corona in Munich: alcohol ban overturned - OB Reiter (SPD) contradicts
According to the judges, such a spatially limited ban would achieve the desired effect of a decreasing number of young people partying in public areas. The hotspots could then shift, but the city could then react at short notice with an extension of the general decree. The relocation of parties to the private sector could not be prevented by the general decree anyway.
Meanwhile, the city announced that it would still implement the ban on the sale and consumption of alcohol . "I have no reason to suspend execution just because of this first-instance decision," said Mayor Reiter. The police also want to control the ban. The reason: the decision of the administrative court relates only to the ban on alcohol consumption and applies "exclusively to the applicant as an individual and not to the general public," added Reiter.
The administrative court has overturned the planned nocturnal alcohol ban in Munich (symbol picture).
© Klaus-Dietmar Gabbert / dpa
Dispute over alcohol ban in Munich because of Corona: "No longer appropriate means"
However, a court spokesman confirmed that any other plaintiff would also be right in court. Because the judges are clear in their urgent decision: They describe the measure as “no longer an appropriate means of official reaction”.
The city can appeal against the decision to the Administrative Court . However, he will deal with the topic on Monday at the earliest . "Nothing happens on the weekend," said a spokeswoman for our newspaper. The cold temperatures and the expected continuous rain could do the rest to ensure that not too many people in the public space in Munich reach for bottles on the weekend. * tz.de and Merkur.de are part of the Ippen-Digital editorial network.
List of rubric lists: © Klaus-Dietmar Gabbert / dpa