Lockdown illegal?

Tenor Wolfgang Ablinger-Sperrhacke expects a second helping for culture

Created: 07/26/2022, 09:13 am

By: Markus Thiel

Among other things, Wolfgang Ablinger-Sperrhacker is involved in the “Stand Up for Art” initiative.

© Stephan Rumpf

Corona lockdowns for the culture industry could turn out to be illegal.

Then artists can subsequently hope for money.

Closing down opera houses, theaters and concert halls for months: According to scientists, this was not necessary.

According to the recently published evaluation report presented by the Federal Government’s Expert Council, these measures only made sense at the beginning of the pandemic.

Tenor Wolfgang Ablinger-Sperrhacke sees his fierce criticism of the permanent lockdowns as confirmed.

Together with the "Stand Up for Art" initiative, he has filed lawsuits against the measures.

One is pending.

Should this now be successful, this means that artists could subsequently hope for money.

Against the background of the current corona situation: What happens to culture in autumn?

Above all, we hope that by then the Bavarian and Austrian Constitutional Courts will have decisions on our matter.

The evaluation report has made it clear that the most serious restrictions on fundamental rights were imposed without sufficient data.

In contrast, in the concert and theater sector, there are only clear scientific studies that prove: Locking up with appropriate hygiene measures was not necessary.

Politicians ignored this.

Culture was prevented for a total of twelve months, which is around three months longer than during the so-called total war.

I pointed out the constitutionally problematic situation early on: freedom of art is on the same level as freedom of religion and freedom of the press.

And reality has proved you right.

That's correct.

The Salzburg Festival, for example, took place in 2020 without a single case of corona in the audience.

Culture was and is not a driver of infection.

One of our urgent applications has been rejected because the prosecutor's office has argued with false allegations.

For example, that scientific studies are not yet complete.

As far as possible endangerment of the audience, that just wasn't true.

Here are the final data.

In addition, the other side said: As long as one is still allowed to compose uncensored or to sing at all, artistic freedom is satisfied.

That's like saying to a journalist: freedom of the press is guaranteed as long as he can write an article – even if it's just for the drawer.

In this line of argument, artistic freedom would have been guaranteed even during the National Socialist period.

Absurd!

Among other things, Markus Söder said that there would be no more lockdown for culture.

Do you believe this promise?

When I was honored as a Bavarian chamber singer, Bernd Sibler, then Minister of the Arts, promised me that there would be no more significant restrictions.

And then, contrary to all studies, Bavaria arbitrarily reduced the occupancy rate of the halls to 25 percent.

This still has a massive impact on card demand.

Utilization fell drastically everywhere.

The Vienna State Opera, for example, has not really recovered from the two pandemic winters.

Houses that only had to cope with a lockdown, like in France, were able to recover much better.

Corona measures affecting the theaters could have been unlawful

Maybe cultural policy learned something from it anyway.

After the premiere of "The Devils of Loudun" I spoke to the new Minister of Art, Markus Blume, about it.

He said that today you wouldn't make decisions like that anymore.

For this reason, too, I hope for a corresponding ruling by the Constitutional Court.

And this holds a considerable explosive force.

It would mean that the part of the Corona measures affecting the theaters was unlawful.

And then all compensations would have to be put to the test.

In France, at least, there was 50 percent tax-free as compensation, in Switzerland the artists got 80 percent turnover compensation.

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So the judgment would also have an impact on the cancellation regulations for artists?

Exactly.

Then cancellations of performances and concerts can no longer be justified with "force majeure".

Then the public bodies are obliged to pay the full amount of compensation.

Based purely on the facts, the verdict cannot actually be different.

You can't just invalidate scientific studies -- nor can you invalidate the constitutional status of artistic freedom.

Incidentally, this financial compensation also affects the subsidy cuts that have already taken place.

Should the numbers continue to rise: will culture then be over?

I don't think so, because the FDP clearly ruled that out in the traffic light coalition.

And in order to get a new infection protection law off the ground, the votes of this party are needed.

Corona will certainly accompany us for a long time.

Accordingly, action must also be taken when it comes to employee protection.

For example, the new management of the Bavarian State Opera has abolished the Corona task force.

They also failed to provide understudy - so performances had to be overturned.

The theaters also have to learn from the past few years, take responsibility and, of course, do not abolish the existing emergency and test systems from the Corona period.

The interview was conducted by Markus Thiel.