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Greilinger mask dispute in the local council becomes a case for the court

2021-05-21T22:03:50.652Z


The dispute about wearing a mask in the community hall in Greiling goes into the next round: Now a court decision is to be made as to whether Claudia Hefele-Bauer (non-party / CSU) has to wear a mask during community council meetings.


The dispute about wearing a mask in the community hall in Greiling goes into the next round: Now a court decision is to be made as to whether Claudia Hefele-Bauer (non-party / CSU) has to wear a mask during community council meetings.

Greiling - Mayor Anton Margreiter (Free Voters) confirmed on request that he had received a letter from the Administrative Court in Munich. As reported, the councilor refused to wear mouth and nose protection at the April meeting. Wearing an FFP2 mask is compulsory at municipal council meetings in Greiling. Mayor Margreiter had therefore asked the councilor to put on a mask. Since she did not want to comply with this request, the town hall chief announced that the council meeting would be canceled. The councilor left the community hall with the information that she had a medical certificate that exempted her from the mask requirement. Before that, however, she had announced that she wanted to take legal action against the Greilinger mayor.

Lawyer draws attention to the decision of the Bavarian Administrative Court

Hefele-Bauer, who was elected to the local council last year as a non-party Greilinger from the CSU / commoners list, has now followed up with this announcement.

Mayor Margreiter stated that he had received a letter from the Munich Administrative Court on Thursday a week ago.

As a result, the question of masks should now be clarified in court.

"After receiving the letter, I contacted the legal advisor of the Greiling community," explains Margreiter.

The community's hygiene concept is intended to prevent community councils and guests from being infected with the virus at meetings.


As attorney Josef Hingerl, who legally represents Claudia Hefele-Bauer, explains when asked by the Tölzer Kurier, he is based on a decision of the Bavarian Administrative Court of April 4 of this year. According to Paragraph 24, Paragraph 1, Number 2 of the 12th Bavarian Infection Protection Measures Ordinance, an obligation to wear mouth and nose protection during municipal council meetings cannot be derived. As Hingerl reports in writing, “the Bavarian state legislator, headed by our Prime Minister Markus Söder, does not demand wearing a mouth and nose cover in the municipal council meeting” - that is, while the councilors are seated. Such an obligation could only result from a "corresponding local authority regulation". This meansthe mayor and the municipal councils could only invoke domiciliary rights. In a comparable case, however, the Bavarian Administrative Court strengthened the mayor's domiciliary rights and rejected the application despite the submission of a certificate.

"Minimum distance is observed"


The lawyer emphasizes that federal law does not require the wearing of a mask in the boardroom.

Likewise, according to the Infection Protection Measures Ordinance, it is not specified.

The distance of 1.5 meters between the councils alone is sufficient.


In the attorney's statement, it goes on to say that the community had its attorney present that the meeting room would have 5.62 square meters per person.

“Even if you take a distance of two meters from the center of a person as a basis,” the minimum distance of 1.5 meters is maintained.

Consequently, this means that there is no violation of the Corona measures if the municipal councils take part in the meeting without a mouth and nose covering.

The mayor can decide for himself how dangerous the corona pandemic is for councilors and spectators.

“And the mayor and the councilors are obviously all of the opinion that despite the distance, the danger is there.

Hingerl is of the opinion that if the federal legislature and the state legislature do not consider the obligation to wear a mouth and nose covering to be necessary, “the mayor should not be smarter and more competent” than the two aforementioned institutions and politicians.

The lawyer assumes that the Federal Constitutional Court will ultimately have to decide on this mask issue.

However, that could take months, if not years.

CSU local association distanced itself

Incidentally, as reported, the Greiling CSU branch had recently expressly distanced itself from Claudia Hefele-Bauer's statements. The letter said that Hefele-Bauer was elected to the local council as a non-party Greilinger on the CSU list. She is not a member of the CSU party and is otherwise not connected to the CSU local association. Furthermore, the statements and views are "definitely not compatible with the principles of the CSU". The hygiene concept for the parish hall was unanimously decided in September 2020, so Claudia Hefele-Bauer also approved the concept. From the point of view of the CSU Greiling, the deliberate non-observance of the hygiene concept no longer has any connection to the expressly desired diversity of opinion.The CSU Greiling is of course behind the current and resolved measures of the municipal council.

(GÜNTER PLATSCHEK AND STEFANIE WEGELE)

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Source: merkur

All news articles on 2021-05-21

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