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Open despite lockdown ban: District office imposes hefty fine - golf course operator remains stubborn

2021-03-04T14:49:34.431Z


Despite the ban due to the corona pandemic, the managing director opened the golf course in Wolfratshausen. He is now holding the receipt for it in his hands.


Despite the ban due to the corona pandemic, the managing director opened the golf course in Wolfratshausen.

He is now holding the receipt for it in his hands.

Update from March 4, 2021:

Twice, Dr.

Josef Hingerl, managing director of the Bergkramerhof Golf Club, in his own words a “formal breach of law”.

Despite the prohibition, he opened the golf course in Wolfratshausen twice - and the 72-year-old did so consciously.

Because the closure order due to the corona pandemic is unconstitutional, said the lawyer.

As a result, the district office sent him two fines: Hingerl has to pay 5000 and 10,000 euros, as has now become known.

Anyone who knows him knows that he will not transfer the 15,000 euros to the district authority without objection.

For Hingerl, the fines are not legally tenable; he has already announced to the local daily Isar-Loisachboten that he will appeal the notices to the district court in Wolfratshausen.

In addition, he had already urged the Bavarian Administrative Court in an urgent application that golf should be allowed again on the courses in the Free State “especially at the Bergkramerhof”.

At the same time, the 72-year-old wrote to the Munich Administrative Court.

There he applied for a preliminary injunction "that the police be forbidden to appear at the Bergkramerhof and initiate administrative offense proceedings against the golfers".

The facility has been officially closed since Sunday.

Hingerl himself states the status quo: The area is available to the general public “as part of the great outdoors”, so that pedestrians, mountain bikers and golfers can “strengthen their health there”.

cce

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Original message from March 2, 2021

Wolfratshausen / Bad Tölz - Everything happened very quickly: After Dr.

Josef Hingerl, Managing Director of the Bergkramerhof Golf Club, again deliberately violated the Bavarian Infection Protection Ordinance at the weekend, the District Office reacted: “A department head of the District Office contacted Dr.

Hingerl handed over two notices of fines ”, reported the spokeswoman for the district authority in Bad Tölz, Sabine Schmid, on Tuesday when our newspaper asked.

Corona in Bavaria: golf course opens despite the ban - fines from the district office

Two notices of fines because Hingerl had already opened the golf course above the roofs of Wolfratshausen in the first lockdown on May 4th last year despite the ban.

Schmid did not provide any information on the amount of the fines.

I call on Mr. Söder to fight legally with me.

It is about fundamental rights, the health of the population in all areas of sport, the destruction of our economy and also about social well-being. "

Dr.

Josef Hingerl, Managing Director and President of the Bergkramerhof Golf Club

The 72-year-old doctor of law considers the closure of golf courses to be unconstitutional, as has been reported several times.

In an “urgent information” that he had distributed on Monday, Hingerl called on Bavaria's Prime Minister Markus Söder to “fight with me legally”.

Before that, he had the request: "Please send me the announced fines." Because these, according to the golf club president, will be challenged in court.

Golf course opened twice in lockdown: So far no fines - operator suspected "tip" from "higher authority"

Up to now, Hingerl assumed, in his own words, that “a higher authority” had given the district administration “the tip to leave the fines behind”.

Now he is holding it in his hands - and with great foresight he will appeal to the district court in Wolfratshausen.

Hingerl's point of view: “The district judge in Wolfratshausen has the problem that Prime Minister Markus Söder declared on May 5, 2020 at 12:07 p.m. in front of running cameras that the restriction of fundamental rights in this form is no longer justified - and called golf as the first relaxation .

Corona in Bavaria: Operator sees the closure of golf courses as unconstitutional

The judge in Wolfratshausen would have to come to the conclusion that four hours before the closure notice was sent to me, the closure of the golf courses was not yet unconstitutional. ”Such a“ total change ”in the legal situation within four hours would, in the opinion of the 72nd -Year-olds "difficult to justify".

Hingerl's forecast: The district court came to the conclusion that the closure of the golf courses "was unconstitutional on May 4, 2020".

Because of a shortage of vaccines, there are no corona initial vaccinations in the Bad Tölz-Wolfratshausen district for 14 days - now the district administrator has expressed himself.

He is bitterly disappointed in politics.

By the way: Everything from the region is now also available in our new, regular Wolfratshausen-Geretsried newsletter.

(cce)

Source: merkur

All news articles on 2021-03-04

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