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Judgment on the use of masks in downtown Nuremberg has been made - will the rule be overturned?

2021-03-04T13:31:28.236Z

In Nuremberg, a lawyer sued against the general mask requirement in large parts of the city center - and won. The effects are still small.



In Nuremberg, a lawyer sued against the general mask requirement in large parts of the city center - and won.

The effects are still small.

Nuremberg - In Nuremberg * there has been a mask requirement in many outdoor areas since mid-October 2020 - a lawsuit against this was successful for the first time.

In the city center alone, 53 streets, alleys and squares are covered by the obligation to cover the mouth and nose.

A mask is also required on six other streets and squares in Südstadt, as well as four around the Mercado, Franken-Center and Röthenbach-Center shopping centers.

Compliance is controlled according to the city, "be it by the police, municipal security services or other obligated parties".

Anyone who violates this must expect a fine, which can be doubled in the event of repeated violations.

A Nuremberg lawyer, however, considers the order "disproportionate and far too general - at least as long as large parts of the retail trade are closed," reported

nordbayern.de

.

In a so-called legal challenge, the lawyer argued that the restrictions were only permissible in "central meeting areas" and other public places to protect against the coronavirus *, where people do not only stay temporarily and meet in a narrow space.

According to the news portal, the 18th Chamber of the Administrative Court considered the application to be "well founded on the merits" and also promising in the main proceedings.

In addition to “errors of judgment”, “inadequate determination of the number of people” and other shortcomings, the Chamber complained that the measures had been extended beyond what was “suitable, necessary and appropriate”.

Corona in Nuremberg: Decision on mask requirement only applies to plaintiffs - city facing challenges

As reported by the

German Press Agency (DPA)

, lawyers no longer have to wear a mask in the city center for the time being.

"The decision only applies to the plaintiff, everyone else must continue to wear a mask." Even for the plaintiff himself, the release from the mask requirement is only of short duration - the current general decree in Nuremberg is still valid until next Sunday.

The city wants to draw conclusions from this, explained Olaf Kuch, head of the directorate for citizen service, digitization and law of the city of Nuremberg to the

DPA

.

However, Nuremberg could not simply overturn the mask requirement, because it is mandatory until Sunday across Bavaria at “central meeting areas in inner cities” with people in a confined space.

Corona: lawsuit against mask requirement in Nuremberg - are there imitators?

"If the mask requirement continues to apply, the city must consider a legally secure justification," said the press agency.

But that's not that easy, said Kuch.

"If, for example, a burger shop suddenly wants to sell take-away food, queues can form again in an empty space."

In order to avoid lawsuits, the city must constantly adapt its general decree.

And that doesn't just apply to Nuremberg, Kuch fears.

Imitators could also be found in other Bavarian cities and take to court against the mask requirement.

You can read about the current corona situation in Nuremberg in our news ticker *.

With news from the Franconian metropolis and Bavaria you will always be kept up-to-date.

(nap) * Merkur.de is an offer from IPPEN.MEDIA

Source: merkur

All news articles on 2021-03-04

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