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Police officers at a demonstration against the corona policy: Anyone who does not wear a mask despite infection protection rules may be expelled from the meeting
Photo: Paul Zinken / dpa
The police may exclude participants from a gathering and issue them a dismissal if they do not wear a mouth and nose cover despite the appropriate infection protection rules.
That was decided by the Berlin Administrative Court, as the court announced.
The judgment is final.
The plaintiff took part in a public meeting against the Corona policy in front of the Brandenburg Gate at the beginning of April without a mask and, according to his information, should also appear there as a speaker.
According to the infection protection rules in force at the time, participants in the assembly had to wear a mouth and nose cover.
Police officers excluded the plaintiff from further participation.
He was sent off.
On the other hand, he justified his complaint by stating that he had submitted a medical certificate, which the officers did not accept.
Significant doubts about the certificate
From the point of view of the administrative court, the expulsion was justified.
According to the Berlin Freedom of Assembly Act, anyone who directly endangers public safety by behavior in a meeting can be excluded from the competent authority.
Because the plaintiff did not wear a mouth and nose cover, that is the case in this case.
The plaintiff subsequently failed to fulfill his obligation to leave immediately.
The court did not consider the medical certificate to be decisive in this context.
There were already considerable doubts as to its correctness at the time.
The doctor who issued the certificate was already known to the police at the time because of suspicion of issuing incorrect health certificates.
File number: VG 1 K 223/21
ptz / dpa-AFX / AFP