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Court overturns the alcohol ban in Munich: new infections are falling - but one value is unchanged

2020-08-30T21:13:32.582Z


The number of people infected with corona in Munich continues to rise. The early warning value has now been exceeded, a city-wide ban comes into force - or has it?


The number of people infected with corona in Munich continues to rise. The early warning value has now been exceeded, a city-wide ban comes into force - or has it?

  • The early warning value has now been exceeded in Munich.
  • Therefore, an alcohol ban comes into force (see update from August 28, 2:33 p.m.)
  • The Munich administrative court has now overturned the alcohol ban. (Update from August 28, 7:20 p.m.)

Update from August 30, 5:29 p.m .: In the end, the constant rain probably solved the dispute over the alcohol ban in the most elegant possible way. Because hardly any Munich resident dared to go outside on the weekend with 16 degrees and a lot of moisture to celebrate late at night on Gärtnerplatz , on the Isar or in the English Garden .

Lord Mayor Dieter Reiter (62, SPD) could probably have been quite right. Because the nocturnal alcohol ban that he had introduced on Friday was overturned by the administrative court on the same day . Banning consumption in the whole city is illegal and an “no longer appropriate means of official reaction”, the court found.

Corona in Munich: Threshold still exceeded

The nocturnal sales ban, however, will remain in place until Friday , for a total of seven days. After that, the city has to reassess the corona situation . On Saturday there were 54 new infections, on Friday there were 67 . The critical threshold of more than 35 infections per 100,000 inhabitants is thus still just exceeded - and the city's view of the alcohol ban is justified.

In # Munich, 54 new # coronavirus cases were confirmed for Saturday, August 29 (as of 11:59 p.m.). This means that a total of 8,697 infections have been reported so far. More information at https://t.co/8EsX6vLnyK pic.twitter.com/cmFvoggdSi

- City of Munich (@StadtMuenchen) August 30, 2020

It is very likely that Dieter Reiter will file a complaint against the administrative court's urgent decision because of the overturned consumption ban. The administrative court - i.e. the next higher instance - will deal with the case on Monday at the earliest, confirmed a spokeswoman when asked by our editorial team.

Dispute over alcohol ban in Munich: "Then people just refill their bottles"

Until then, Dieter Reiter announced that the alcohol ban would be checked by the police despite the court decision . "As long as we do not have a final decision by the Bavarian Administrative Court, we assume the legality of our measures, which have also been coordinated with the Ministry of Health, and also carry them out," Reiter had announced on Friday evening. According to the police, there was not a single complaint about the alcohol ban at the weekend, although several strips were on the road in the city and especially on Gärtnerplatz, which became a party hotspot in the summer .

On Monday , the dispute over the alcohol ban will enter the next round. How it ends will also be followed with interest by the Munich lawyer who had sued the alcohol ban. "Above all, noise and residents protection was important to me," he says. "In my opinion, justifying the ban on alcohol with protection against infection was only an excuse ." He also does not believe in an isolated ban on alcohol (see update from August 28, 8:34 pm) , for example on Gärtnerplatz. "Then people just refill their drinks." 

Court overturns the alcohol ban in Munich: new infections are falling - but one value is unchanged

Update from August 30, 1:01 p.m.: The number of reported corona cases fell again in Munich . There were 54 newly infected people on Saturday. That's another significant decrease from Friday when 67 cases were reported. So far there have been a total of 8,697 people in the state capital who were sick with Covid-19 . The number of reproductions also approached the important mark of one again. It is now 1.09. Nothing has changed in the 7-day incidence . It remains at 35.13.

In # Munich, 54 new # coronavirus cases were confirmed for Saturday, August 29 (as of 11:59 p.m.). This means that a total of 8,697 infections have been reported so far. More information at https://t.co/8EsX6vLnyK pic.twitter.com/cmFvoggdSi

- City of Munich (@StadtMuenchen) August 30, 2020

Update from August 29, 2020, 6:59 p.m.: The number of new corona infections fell again on Friday. While the new infections were over 100 in the past few days, only 67 were reported on Friday. This means that a total of 8,642 infections have been reported so far. The number of reproductions is 1.20. The 7-day incidence , at 35.13, is still just above the limit.

In # Munich, 67 new # coronavirus cases were confirmed for Friday, August 28 (as of 11:59 p.m.). This means that a total of 8,642 infections have been reported so far. More information at https://t.co/8EsX6vLnyK pic.twitter.com/JxX5p0wsu5

- City of Munich (@StadtMuenchen) August 29, 2020

Corona in Munich: Court overturns the alcohol ban - but OB Reiter contradicts judgment

Update from August 28, 8:34 p.m .: According to information from tz *, the Munich Administrative Court proposes spatially limited  ban in the dispute over a corona-related alcohol ban in the state capital (see original notification ) . The  hotspots could  then shift, but the city could then  react at short notice with an  extension of the general decree. Munich's Lord Mayor Dieter Reiter (SPD) said: “I have no reason to suspend execution just because of this first instance decision.” The reason is that the decision only refers to the ban on  alcohol consumption  and “only for the applicant as an individual and not for them Generality ”applies.

Update from August 28, 7.20 p.m.: Although Munich's Lord Mayor Dieter Reiter continues to adhere to the alcohol ban in public spaces, according to the court ruling it is de facto excessive and therefore void. In the grounds of the judgment, the Munich administrative court writes that the ban has been lifted for all persons.

Munich mayor Dieter Reiter sees the decision (for one) not to suspend the #alcohol ban. The VG's assessment (for everyone) has a different tone. In Munich the Lex Reiter now applies pic.twitter.com/6BH3wfEcfR

- Daniel Cremer (@DanielC_BILDde) August 28, 2020

Update from August 28, 6:09 p.m.: Shortly after the public alcohol ban came into force in Munich , there was already a lawsuit against it. A man had sued the Munich administrative court and was now right. But that does not mean that you can party again in the city area. As it stands, the exemption from the prohibition only applies to the plaintiff. As the city of Munich writes on Twitter, the administrative court does not want to deal with the general ban until next week .

The VG only lifted the alcohol consumption ban for the plaintiff ("inter partes"); it continues to apply to all others. The VGH will deal with the matter next week. Until then, the ban on the sale and consumption of alcohol will continue to be enforced!

- City of Munich (@StadtMuenchen) August 28, 2020

This means that the ban has only been overturned for one person. But since the city of Munich has not yet filed a complaint against the judgment , theoretically anyone in Munich can rely on the decision of the administrative court if they are caught drinking.

#Alcohol ban in Munich: According to the #Verwaltungsgerichtshof, @StadtMuenchen has not yet lodged a complaint. He will deal with the topic on Monday at the earliest. "Nothing happens on the weekend," said a spokeswoman. That means: no alcohol ban on weekends!

- Andreas Thieme (@thieminho) August 28, 2020

Because the decision of the Administrative Court caused a lot of waves, especially on the Internet, Munich's Mayor Dieter Reiter has now also commented on the judgment. “As long as we do not 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 also implement them. The decision of the Munich Administrative Court only relates to the ban on alcohol consumption - not to the ban on the sale of alcohol - and applies exclusively to the applicant as an individual and not to the general public. I have no reason to suspend execution just because of this first instance decision. Especially with regard to the court decision on the measures in Bamberg, which were confirmed in the second instance by the VGH. "

The new corona infections have exceeded the critical value in Munich - what does that mean for the city? The chief physician Wendtner classifies the development.

Corona in Munich: Sensitive fines for alcohol consumption in public

Update from August 28, 4:58 p.m.: Since the infections in Munich exceeded the early warning value of 35 cases per 100,000 inhabitants within seven days, there is now a ban on alcohol in public from 11 p.m. to 6 a.m. tomorrow . Anyone who is caught consuming alcohol in public places faces a fine of at least 150 euros. It will be even more expensive for sellers of beer, schnapps and the like. There is a risk of a fine of at least 500 euros. If the offense is repeated, the amount can also increase.

The city is reacting primarily to the numerous nightly celebrations in various squares in recent weeks - but especially on Gärtnerplatz. Mayor Dieter Reiter (SPD) said on Tuesday: "In times of the pandemic, however, it is first and foremost about protecting the population and about avoiding even more onerous measures as far as possible." In other cities, too, there are already alcohol bans in public spaces, for example in Nuremberg and Regensburg . Starnberg has decided to ban alcohol on the lake promenade and on certain banks.

Update from August 28, 3:32 p.m.: The corona cases in the Bavarian capital have risen sharply again. The current report by the city of Munich (as of Thursday, August 27, 11:59 p.m.) states that there are 102 newly infected people in the city area. This means that there are 8,574 people who have contracted Covid-19 since the pandemic began. However, 7381 people have already survived the disease. 223 infected people died from the virus .

The number of reproductions in Munich is 1.37. That means 100 people infect 137 other people with the virus . The aim is to keep the so-called R value below one as much as possible in order to prevent the spread of Corona .

In # Munich, 102 new #coronavirus cases were confirmed for Thursday, August 27th (as of 11:59 p.m.). This means that a total of 8,574 infections have been reported so far. More information at https://t.co/8EsX6vLnyK pic.twitter.com/HmwAk0Tjmi

- City of Munich (@StadtMuenchen) August 28, 2020

Corona in Munich: alcohol ban in public spaces

Update from August 28, 2:33 p.m .: In Munich, after a further increase in the corona numbers from Friday on, alcohol is prohibited in public spaces at night . The early warning value of 35 infected per 100,000 inhabitants within seven days had passed the State Office for Health and Food Safety (LGL) on Friday after figures and stood at 35.27 "This takes the general order in place that we have adopted," said a spokesman for the City.

The sale of alcohol is now banned from 9 p.m. to 6 a.m. In addition, alcohol may no longer be consumed in public places between 11 p.m. and 6 a.m. Exceptions apply to serving in restaurants and to approved events.

If a # Corona incidence number of 35 is reached in Munich, a ban on the sale of alcohol (from 9 p.m.) and alcohol consumption (from 11 p.m.) in public places comes into effect for 7 days. More information at https://t.co/x907xmTxJX pic.twitter.com/7IJQdKfOCN

- City of Munich (@StadtMuenchen) August 27, 2020

Corona numbers are increasing in Munich - alcohol ban is approaching: Sensitive penalties threaten - especially one group

Update from August 27th, 9:30 p.m.: It is now getting very tight for the freedom-loving Munich residents. The announced alcohol ban will most likely take effect very soon, given a 7-day incidence of 33.84 (see update from August 27, 2:55 p.m.). The value could crack the magical 35 mark on Friday. Then the following regulations come into force, as the city informs:

  • No alcohol may be sold anywhere in the city for seven days between 9 p.m. and 6 a.m. the following day. Exceptions are the serving for immediate consumption in a restaurant and at approved events.
  • In the urban area, alcohol is no longer allowed to be drunk in public spaces for seven days between 11 p.m. and 6 a.m. Once again, restaurants and approved events are excluded.

Corona in Munich: Alcohol ban threatens - and also sensitive fines

Violation of these restrictions could result in severe fines as a punishment: If you drink alcohol in public between 11 p.m. and 6 a.m. in the aforementioned situation , the fine is at least 150 euros . Sellers who then sell alcohol after 9 p.m. pay at least 500 euros . However, it expressly states: "Depending on the situation and behavior as well as in the event of repetition, the fine can be higher."

A lot is different in Corona times - also in the Munich baths. Now there is trouble in the Dante bath. Because private swimming lessons are prohibited there. A teacher is outraged.

Update August 27, 2:55 p.m.: Not much is missing from the evening alcohol ban . According to the latest announcement by the city ​​of Munich , the 7-day incidence in the Isar metropolis is currently 33.84 (on Tuesday it was 29.29). At a value of 35, the alcohol ban comes into force.

101 new corona cases were confirmed in the state capital on Wednesday . Most recently, more than 100 infected people were added on a single day on April 30 (then 124).

The number of reproductions is currently 1.35. Here, too, there was a noticeable increase compared to the previous day (1.03).

In # Munich, 101 new # coronavirus cases were confirmed for Wednesday, August 26 (as of 11:59 p.m.) This means that a total of 8,468 infections have been reported so far. More information at https://t.co/8EsX6vLnyK pic.twitter.com/EtQROYjiyc

- City of Munich (@StadtMuenchen) August 27, 2020

Open clubs despite the corona crisis? Desperate operator suggests: "You could also ..."

Update August 27, 8:48 a.m.: They too take a close look when the city ​​of Munich publishes the number of residents currently infected with the coronavirus every day : Franz Rauch (P1) , Hans-Georg Stocker (Backstage) and Mathias Scheffel (Pacha) operate well-known discos and event locations in the Isar metropolis.

Prime Minister Söder recently made it clear that the reopening of bars and clubs was still a long way off. Bild asked the Munich event trio about the current situation. “What else should we do? The only hope we have right now is a vaccine . Otherwise we'll all soon be broke, ”says P1 boss Rauch's desperation.

Munich: Unlock clubs despite the corona crisis? Cult disco operator has a proposal ready

Stocker is angry that an entire industry has now fallen into disrepute: "Celebrating an orderly party is not a crime like a robbery - now we are almost pushed into this criminal corner". Uncontrolled excesses like those on Gärtnerplatz or on the Isar would not exist if clubs were open in the city - the operators argue.

+

Open the Pacha again despite Corona? The operator presents a corresponding proposal.

© Philipp Guelland

Opposite Bild, Pacha boss Scheffel formulates a suggestion: “You could also open the clubs with a test phase of around four weeks. If it doesn't work, you can close it again. We can guarantee that every guest is carefully registered. Infection chains would be traceable at any time " .

+++ tz * is looking for Munich's biggest Oktoberfest fan. Apply now until August 31st. +++

Corona cases in Munich: Important value continues to rise on Tuesday

Update from August 26, 2:32 p.m .: Yesterday (Tuesday, August 25) there were 81 new confirmed corona cases in Munich. The all-important 7-day incidence  for Munich thus rises further to 29.29. From the 35 mark, it is well known that there are sensitive new restrictions, especially in Munich's nightlife. Shortly before the federal-state meeting with Chancellor Merkel on the corona crisis, the federal government is already taking a measure.

In # Munich, 81 new # coronavirus cases were confirmed for Tuesday, August 25 (as of 11:59 p.m.) This means that a total of 8364 infections have been reported so far. More information at https://t.co/8EsX6vLnyK pic.twitter.com/MuokqoI7j9

- City of Munich (@StadtMuenchen) August 26, 2020

Update August 25, 3:50 p.m.: In Munich yesterday, Monday, August 24 (as of 11:59 p.m.), 86 new coronavirus cases were confirmed. This means that a total of 8282 infections have been reported so far , as the city of Munich announced on Twitter. The 7-day incidence fell again from 30.92 to 27.93 new infections per 100,000 inhabitants in seven days.

Munich: Corona trend positive - incidence is falling - new measures not yet necessary

The trend is thus positive again and the announced ban on alcohol-to-go from 9 p.m. and the consumption of alcohol in public places, which Lord Mayor Reiter (SPD) and the city of Munich had announced in the morning, should the 7-day incidence increase to 35 or higher does not work at first.

Update August 25th, 11:50 am: The numbers are worrying, ”said Prime Minister Markus Söder  on Tuesday morning in a  video message that was distributed via his Twitter account. A "similar development as we had in March, April of this year," warns the CSU politician: "That's why we have to be all the more concerned now."

The point now is not to loosen the reins any further, but to tighten them a little. One has to face those returning from vacation, family returnees, but "also the  carelessness  that  takes place at many  parties and party events in Germany", Söder continued.

Corona Munich: Söder finds clear words in the video message

The CSU boss believes that higher penalties are required for violations. "All in all, it is clear: the situation is not getting any easier." In order to prevent a lockdown, "we have to react where regionally advisable." There is no cause for panic, "but there is great concern."

Video message: Corona is fully back. We have to tighten the reins now so that we don't end up in the same situation as in March and April. pic.twitter.com/6KoHj0oWgt

- Markus Söder (@Markus_Soeder) August 25, 2020

Update August 25 6:20: Drastic measures are making to: It is conceivable that the  sale of alcoholic beverages on the go from 21 or 22 am in Munich shortly prohibited  is the  use in public places from 23 h . The parliamentary groups agreed on this at a round table on Gärtnerplatz. According to information from our newspaper, the Department for Health and Environment assumes that the 35 mark will be reached by Wednesday at the latest.

Supporters of an online petition have now identified another “focal point of the city” in addition to Gärtnerplatz.

Corona Munich: Important value is approaching critical mark

Update August 24, 3:20 p.m.: Prime Minister Söder should read carefully after his warning words: In Munich , 68 new corona cases were reported for last Friday, 30 for Saturday and for Sunday, August 23 (as of 11:59 p.m.), 41 new corona cases.

The  7-day incidence  for Munich is now 30.92. It corresponds to the number of newly reported cases per 100,000 inhabitants for the last seven days and is determined daily by the Bavarian State Office for Health and Food Safety (LGL) throughout Bavaria.

In order to be able to contain local outbreak events in good time, a threshold value of 50 was set for the 7-day incidence and a signal value of 35 as an “early warning system” . So there isn't much left in Munich either. When it was last officially announced on Thursday (August 20), the city reported a value of 27.05.

In # Munich, 68 new #coronavirus cases were confirmed for last Friday, Saturday 30 and Sunday, August 23 (as of 11:59 p.m.). This means that a total of 8,193 infections have been reported so far. More information at https://t.co/8EsX6vLnyK pic.twitter.com/BWJUaSlqBR

- City of Munich (@StadtMuenchen) August 24, 2020

The number of  reproductions  for Munich is 0.76 (as of August 23) - this means that, statistically speaking, 100 infected people infect 76 new people. The more clearly the number of reproductions is above 1, the faster the coronavirus will spread. The further it drops below 1, the fewer new infections are to be expected.

Corona Munich: Söder tackles refusers - fines are increased

Notification of origin (August 24, 12.50 p.m.):

Munich - With higher fines for mask refusers and more controls , Bavaria wants to slow down the dynamics of the second corona wave in Bavaria . "We will raise the catalog of fines to 250 euros in one-off cases and up to 500 euros for repeated violations ," said Prime Minister Markus Söder (CSU) in Munich on Monday .

For violations of quarantine requirements, 2000 euros should also be due. "We hope that there will be even better compliance," said Söder.

The Ministry of the Interior is currently working with the Ministry of Health on the catalog of fines , which should be announced later this week. A decision by the cabinet is not necessary for the amendment. In the future, police officers will also be able to issue warnings directly , previously the health and regulatory authorities were responsible for this.

Bavaria massively increases the penalties for # Corona violations: Those who do not comply with quarantine have to pay up to 2000 euros. Mask violations will cost 250 euros in the future, and even 500 if they happen again. Söder: "We have to protect the sensible from the unreasonable."

- MSchier (@mikeschier) August 24, 2020

In the private sector in particular, the controls of corona requirements - also with regard to the number of guests at private celebrations - are hardly feasible in practice.

Corona Munich: New powers for the police - Söder announces further steps

In the fight against the pandemic, Söder also announced an expansion of the corona test centers to train stations for long-distance buses . So far there are only test centers at highways, airports and normal train stations with long-distance traffic. The regional test centers would then also start their work by the beginning of September at the latest.

Munich: Current corona numbers make you sit up and take notice - restrictions in the Bavarian city

The Bavarian Rosenheim had exceeded the limit for new corona infections  within seven days per 100,000 inhabitants at the weekend  . The value was 53.7, the limit set by the federal and state governments was 50. As a result, various restrictions came into force in Rosenheim.

In the state capital Munich, too, the value of the so-called 7-day incidence has risen sharply in the past few days. A value of 27.05 was last reported on Thursday (August 20). * tz.de is part of the Ippen-Digital editorial network.

There are more and more people infected with corona in Bavaria. Using the Corona warning app could help the authorities fight the virus. But it remains forbidden in schools.

List of rubric lists: © dpa / Sven Hoppe

Source: merkur

All news articles on 2020-08-30

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