Despite the ban due to the corona pandemic, Bergkramerhof Golf Club will now open - as in the first lockdown.
Operator Josef Hingerl is not afraid of confrontation.
The managing director considers the ordered closure of the Bergkramerhof golf club to be unconstitutional.
In the first lockdown, Dr.
Josef Hingerl opened the facility - and got a visit from the police.
Now Hingerl announces: On Saturday he will reopen the golf course.
Wolfratshausen
- In a letter of several pages to Bavaria's Prime Minister Markus Söder, Dr.
Josef Hingerl, operator of the Bergkramerhof golf course, announced it a few days ago.
Now Hingerl is nailing it, he will open the 70-hectare venue above the roofs of Wolfratshausen on Saturday.
Knowing very well that he is violating the Infection Protection Measures Ordinance, specifically the closure requirement for sports facilities.
As reported, the golf club manager did this on May 4th last year.
The consequence of his actions at the time: The 72-year-old had to cordon off the golf course again immediately, and an administrative offense was initiated against him.
"To this day, I have not received a notice of fines," Hingerl notes.
For him, there is a simple reason for this: the ban on swinging golf clubs in the open air is unconstitutional - ergo there is no legal basis for a penalty notice.
It would of course be best if you instructed the Bad Tölz-Wolfratshausen district office that I would be banned from the announced opening. "
Dr.
Josef Hingerl in his letter to Prime Minister Markus Söder
Hingerl wants to “take a contribution” from the active players on Saturday, because “the golf course has to be looked after now and it all costs money”.
Apparently the lawyer is looking for a direct confrontation, because he writes to Söder: "Of course, it would be best if you instructed the Bad Tölz-Wolfratshausen district office that I would be banned from opening the announced opening." bring about a clarification in good time at the administrative court in Munich by submitting an urgent application ”.
As is well known, the 72-year-old takes the point of view that golf - not only in times of pandemics - serves health care.
Corona in Bavaria: Golf club opens despite lockdown - operator provokes Söder with a letter
Hingerl imagines it this way on Saturday: The game fee, known in the relevant circles as green fee, is collected “to go” at the window of the club office.
"As a rule, two people will arrive in one car," and the duo should be allowed to tee off every eight minutes.
That means: The distance between the so-called two-person flights is around 300 meters each.
"I assume that a maximum of 70 players will move across the golf course per day." Every player is "traceable," adds Hingerl with a view to a possible corona case.
Bergkramerhof Golf Club: Wolfratshausen operator wants to open - despite lockdown
In addition to detailed legal cross-references, with which the lawyer tries to underpin the opening of his golf course, he takes the Basic Law to hand: Article 12 guarantees the freedom to practice his profession.
"Every golf course markets health as the main product," emphasizes the 72-year-old - and draws a link with professional football.
The Bundesliga club FC Bayern Munich also invokes the freedom of occupation, and the footballers of the German record champions even have "a lot of fun" with lawn sport.
Hingerl: “In comparison, small and medium-sized entrepreneurs have neither fun nor money.
Your appeal to the freedom of occupation is currently in vain. "
Corona in Bavaria: flower shops are allowed to open - why not golf courses?
Without further ado, Hingerl admits that, from a legal point of view, he does not shrink from an "escalation".
Golf courses are all medium-sized companies with a turnover between 500,000 euros and around three million euros.
The ban on using the golf courses is not only "completely illogical" with regard to the health prevention, but also unacceptable due to the economic consequences for the operators.
Nobody understands, Hingerl tells the Prime Minister, "that you are opening flower shops and hairdressers and denying the golfers health care".
Sabine Schmid, press spokeswoman for the district office in Bad Tölz, explains that the Wolfratshauser Golfclub managing director has not yet been sent a fine: Since the outbreak of the pandemic a good year ago, there have been many violations of the Bavarian Infection Protection Ordinance.
The district authority is working through these cases successively.
“In any case,” said Schmid, Hingerl will also receive a fine.
And on Saturday, with a high degree of foresight, another visit from the police.
(cce)
Also read: Golf course manager wants to sue the Free State.
