Masks and tests prohibited for students? Questionable ruling by the Weimar District Court causes a stir

Most students in Germany are currently required to wear a mask and test due to the Corona crisis.

Now a ruling by the Weimar District Court is causing a stir that apparently bans these measures.

Weimar - The corona-related mask and test requirement at schools in Germany is supported by the majority of parents, but also provides fuel.

Now, a ruling by the Weimar District Court in Thuringia, which is widespread on the Internet, is causing great excitement.

In a temporary injunction for two schools, a number of measures have apparently been prohibited.

The complaint was justified primarily with a "child welfare risk" in the room.

The judgment with the file number Az .: 9 F 148/21, which a mother is said to have obtained for her two children taught there, is apparently also valid for the other students.

In the interim order, which

Merkur.de

is in, the legal validity of which has not yet been conclusively confirmed, it says, among other things, that the management and teachers are prohibited from prescribing mask tests, quick tests or minimum distances to pupils and children.

In the more than 170-page document you can read verbatim:

"The directors and teachers of the schools of children A, born on ... and B, born on ..., namely the state regular school X, Weimar, and the state primary school Y, Weimar, as well as the superiors of the school management are prohibited for these and to order or prescribe the following for all other children and pupils taught at these schools:

1. to wear face masks of all kinds in class and on the school premises, in particular mouth and nose covers, so-called qualified masks (surgical mask or FFP2 mask) or others,

2. to maintain minimum distances between each other or to other people that go beyond what was known before 2020,

3. to take part in rapid tests to determine the SARS-CoV-2 virus. "

Furthermore, according to the judgment, the court orders the decision to take effect immediately.

Corona ruling from Weimar causes a stir: Ministry expresses itself

As the

Bild-Zeitung

claims to have learned from the Ministry of Education, the decision should be known there.

It is a family law case with two children.

However, according to the report, this judgment does not have any effects on the Corona measures at all other Thuringian schools.

“The Ministry of Education is in contact with the schools on how to deal with the two children affected by the decision.

Incidentally, the infection protection measures for all teachers and students continue to apply unchanged at the two schools affected in Weimar and throughout the Free State, ”the ministry is quoted as saying.

Weimar ruling against mask requirement for schoolchildren: Member of the state parliament confirms examination

According to Steffen Dittes, the deputy chairman of the Left in the Thuringian state parliament, the judgment of the district court is genuine.

He confirmed on Twitter on Saturday that the education and justice ministry in Thuringia is currently reviewing appeals against this ruling. 

Both @BildungTH and #Justizministerium are examining legal remedies for a quick review of the interim order in the course of further legal proceedings.

- Steffen Dittes (@St_Dittes) April 10, 2021

We report on the current corona situation in Germany in our news ticker.

Weimar judgment against the requirement to wear masks at school - questionable expert reports

In the justification for the decision, in addition to reports and literature sources, various experts are listed whose expertise has already been classified as at least questionable in the past.

Among them the professor Ulrike Kämmerer, who publicly questions the detectability of the coronavirus by PCR tests, or the professor Ines Kappstein, an avowed opponent of masks.

Judgment against Corona measure at Weimar schools: Not the first controversial decision

It is currently unclear whether or how long the judgment of the Weimar District Court will last.

The extent to which the decision could have consequences for similar future lawsuits cannot yet be assessed.

It is certain that the Weimar District Court had already made controversial decisions on corona measures in the past.

In January a man was acquitted who had violated the Corona regulation in Thuringia, which a judge had classified as "disproportionate" and therefore as "void".

In the Munich district, too, parents recently threatened the lawyer because of compulsory tests at schools.

(va)