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Corona crisis: closed footbridges at Starnberg lakes - woman turns on lawyer

2021-03-04T12:25:46.777Z


Because of the rush of day trippers despite the Corona crisis, all jetties at the Starnberg Lakes were closed. Now a woman has hired a lawyer.


Because of the rush of day trippers despite the Corona crisis, all jetties at the Starnberg Lakes were closed.

Now a woman has hired a lawyer.

District

- Every measure and goal has been lost, the state is massively interfering with civil liberties: This is how Hans-Peter Tauche, specialist lawyer for medical law, formulates what bothers his client about the district's latest corona protection measure.

As reported, the public footbridges on the lakes have been closed for a week.

Too many day trippers with too little distance, especially on sunny days.

Therefore, following a request from the police, the management group for civil protection decided to take this step.

The district office then asked the communities for help, which then set up construction fences in front of the footbridges.

Corona crisis: blocking of all footbridges in Starnberg - woman turns on lawyer

But they are not allowed to, believes lawyer Tauche, who shares the office in Starnberg with lawyer and ex-Federal Justice Minister Sabine Leutheusser-Schnarrenberger.

In a letter to District Administrator Stefan Frey, he wrote: "The state is not entitled to intervene so massively in the basic right of freedom solely from the thought of possibly existing, abstract danger situations." The measure is "without any sense: then people sit down." right next to each other on the bank, on benches, bank walls, fortifications or bring weatherproof documents with you ”.

Tauche asks the district to lift the block immediately - otherwise he would have to advise his client to take it to the administrative court.

Day trippers in Starnberg: The district closes the jetties due to the rush - fear of corona infections

From the lawyer's point of view, the crucial point is the lack of a legal basis.

He refers to the "free development of personality, which also includes the right to uncontrolled and free movement in public space and, according to the Bavarian constitution, unhindered access to nature".

The complete closure of certain public areas is not intended anywhere.

“You could just as easily block the church square, and the pedestrian zone in Munich would have to be permanently closed long ago.” Even in highly endangered areas such as old people's homes, access with tests and a mask is at least possible.

And there is also no general decree from the district on the footbridges.

In addition, the risk of infection outdoors and the seven-day incidence in the district are very low.

Blocked footbridges in Starnberg: "Lakes were frequented as usual only in summer."

The district office wants to "hold on to the measure until further notice," says spokeswoman Barbara Beck when asked by the Starnberger Merkur.

One sees no “disproportionate encroachment on the fundamental right to freedom of movement” in the blocking.

People can move freely in the whole district and along the lakes ”.

District Administrator Frey says: "I have the impression that the vast majority of people understand the footbridge closure." The authority defends itself: "The lakes were frequented, as is usually the case in the summer months." to identify specific sources of danger and to counteract the spread of the virus at an early stage - especially against the background that mutation variants, especially the British variant B.1.1.7.

circulated.

“We mustn't jeopardize the perspective that is now available with the low incidence with careless leisure activities,” says Beck.

The neighboring districts also received mail from attorney Tauche, which the Starnberg District Office had asked to also block some of the footbridges.

In Landsberg am Lech (responsible for the west bank of the Ammersee), after consulting the police in Dießen, there was no reason to do so, as press spokeswoman Anna Diem says.

The district authority in Weilheim, on the other hand, has asked the municipalities of Bernried and Seeshaupt to support the district office in Starnberg, explains spokeswoman Erika Breu.

The Münsing community has now closed the Dampfersteg in Ambach, according to information from the Tölzer district office.

The footbridge barricades are aimed at those sunbathing on the lakes.

But they also meet those who bathe in water.

Winter or ice swimming is trendy, especially in Corona times, the lawyer notes.

And especially for the elderly, it is difficult to walk far through the shallow, ice-cold water from the shore.

When asked, Tauche says that his client also belongs to the group that regularly pursues the hobby.

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Source: merkur

All news articles on 2021-03-04

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