From Sunday onwards, restaurants and providers of cultural and sporting events in Hamburg will be able to decide whether they will only allow vaccinated and convalescent people.
But is that legally clean?
Hamburg - compulsory vaccination in gastronomy?
Hamburg is the first federal state to introduce the 2G option model, thereby replacing the 3G model.
What exactly does that mean?
From Saturday (28.08.2021), facilities such as restaurants, theaters or stadiums will have the opportunity to offer their offers only to those who have been vaccinated or recovered.
For organizers, this means clearer advantages: Restrictions such as the number of visitors, distances, compulsory testing or dance bans would thus be eliminated.
The mask requirement in the interior remains in place.
Prior registration and strict control of ID cards are required.
Children and young people up to the age of 18 are exempt from the regulation.
Coronavirus: 2G option model in Hamburg - what is allowed and what is not?
"Restrictions must be proportionate and may only be made for as long as they are necessary to combat the pandemic," said Hamburg Mayor Peter Tschentscher (SPD *).
According to Tschentscher, those who have been vaccinated * and those who have recovered have no real influence on the infection rate of the corona virus *, as he announced at the state press conference last Tuesday.
Private providers can now freely decide whether they want to participate in the 2G model * and waive the restrictions or continue to use the 3G model.
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A vaccination certificate and a smartphone running the CovPass app are on a vaccination certificate.
© Stefan Puchner / dpa
No more curfew:
Tables can be placed anywhere, there is no alcohol ban and no distance regulations.
Facilities such as theaters, cinemas, museums or libraries can again offer all seats.
Larger number of participants at events:
clubs, concerts or sporting events are again allowed to let in up to 1,300 people.
Up to 2000 are allowed to celebrate outside.
For dance events, the limit is 750 outside and 150 participants inside.
Fewer restrictions on sport:
fitness studios, saunas and swimming pools no longer have any capacity
limits
or distance requirements.
However, the mask must still be worn.
No contact tracking in stores: In
addition, contact details no longer have to be entered via the Luca app or name slips in retail stores.
2G option model in Hamburg: Legally, this could be problematic
ARD * legal expert Kolja Schwartz explained that the unequal treatment of companies could become problematic.
Companies that want to continue to use 3G must expect more restrictions in the future.
However, this is only legally permissible if the restrictions are really necessary.
In this case, the courts have to examine whether the restrictions are necessary for the protection of other people when there is a lawsuit.
That depends on the incidence and the hospitalization rate.
Above all, there would certainly be legal disputes if the state introduced a general 2G obligation in the future and companies were no longer allowed to decide which model they want to use.
(Ares Abasi) *
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List of rubric lists: © Stefan Puchner / dpa
