The dispute over wearing a mask at the municipal council meeting has now escalated in Greiling.
The mayor expelled a councilor from the hall.
She had previously appeared with her lawyer.
Greiling - The dispute between the Greilinger councilor Claudia Hefele-Bauer (non-party on the CSU list) and the entire committee was again publicly held in a meeting. Hefele-Bauer continues to refuse to wear mouth and nose protection at municipal council meetings. Meanwhile, the Bavarian Administrative Court also dismissed Hefele-Bauer's complaint. So it is clear that she has to wear a mask in meetings.
At the most recent meeting on Tuesday evening, the councilor, accompanied by her legal advisor, initially entered the meeting room with an FFP2 mask in accordance with the regulations.
Right at the beginning, the municipal council had to decide on the adaptation of the protection and hygiene concept for council meetings in the Greiling parish hall.
Among other things, it stipulates that an FFP2 mask must be worn from the moment you enter the community building and for the entire duration of a meeting.
The council members, with the exception of Hefele-Bauer, approved the motion.
"I do not agree with that now and I will no longer wear a mask," announced the councilor.
Then she took off the protective mask.
"If so, you have to shut me out now."
Mayor threatens police
Mayor Anton Margreiter reacted promptly, interrupted the public meeting and asked Hefele-Bauer to put the mask back on. If she did not do this, he asked her to leave the building. Otherwise he will make use of his domiciliary rights and ask the police for help with trespassing. If that doesn't work either, he'll adjourn the meeting. Even after another request to put on the mask or to leave the building, the councilor remained with her refusal. Instead, she complied with the request of her lawyer and demanded "that the threat be recorded in the record." She also asked her fellow councilors to vote on her exclusion from the meeting. Although she withdrew this motion immediately, the head of the community had a vote,because he wanted to get a vote on it anyway. With 11: 0, the other council members confirmed the exclusion of the councilor. Hefele-Bauer then left the meeting room without mouth and nose protection.
In the further course of the session, Mayor Anton Margreiter referred to the negative decision of the Bavarian Administrative Court in Munich on Hefele-Bauer's urgent application.
As reported, she had sued to be able to attend the sessions without mouth and nose protection.
Based on the applicant's complaint against the decision of the Bavarian Administrative Court in Munich, the 4th Senate of the Bavarian Administrative Court has now passed a resolution and rejected the appeal of the councilor.
The decision is no longer contestable.
Councilor argues that incidence is low
This decision was received by the community at 4:46 p.m. and made available to all community councils as a table template.
The complainant had pointed out, among other things, that the wearing of an FFP2 mask at municipal council meetings was not required by federal or state law and was no longer justified with an "incidence of 22.7" in the district.
An exclusion from the meeting is only possible if the order continues to be disrupted with the consent of the municipal council.
In addition, she was entitled to participate in the municipal council meeting without a mask until the point in time when a “lawful decision by the mayor and the municipal council would preclude her presence”.
That says the administrative court
In the opinion of the Administrative Court, on the other hand, the applicant had "not proven or even made credible" that wearing an FFP2 mask would result in "unreasonable disadvantages", health restrictions or significant burdens for her. The medical certificate from April 13th, which was only submitted on June 8th, does not meet the requirements in the opinion of the Administrative Court due to the lack of further explanations and lack of topicality. Wearing a mouth and nose cover is usually only a minor and therefore unreasonable burden for listeners in the reason for the rejection.
Mayor: Behavior is "lack of solidarity, uncomfortable and unfriendly"
In the further course of the meeting, Mayor Anton Margreiter found clear words about the behavior of the local council colleague who hindered his work as mayor and that of the local council.
“I consider the behavior of our colleague to be extremely unreliable, uncomfortable and uncooperative.” However, this does not prevent the local council from pulling together for the benefit of Greiling.
"For me, the processes are clearly pathological self-portrayal."
The head of the community continues: "I reserve the right to check until the next meeting whether it is possible to recall Claudia Hefele-Bauer from the local council." He emphatically thanked the councils for their solidarity in difficult times.
“We have a job to do.” But the framework in which this takes place must be adapted to the crisis.
The dispute had demanded a lot not only from Mayor Margreiter.
The local councils also needed a short break and finally took an extraordinary break of 15 minutes.
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