As of: February 22, 2024, 10:49 a.m
By: Susanne Greiner
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The Monday demonstration on February 20th in Landsberg led from the main square via Neue Bergstrasse and Münchener Strasse.
This time there were only two tractors and fewer people and trucks than on the previous Monday.
© Greiner
Freedom of assembly is a fundamental right that can hardly be restricted.
This is also evident in demonstrations whose volume residents perceive as loud and/or aggressive.
This also applies to Monday walks, says deputy press spokeswoman for the district office Anna Diem.
For example, on the website “Demos against Nazis” of the Alliance for Action Against Violence, Right-Wing Extremism and Xenophobia you can read: “It must always be possible to establish contact with passers-by and local residents.
In principle, third parties must endure any resulting annoyances; other people's need for peace and quiet must be inferior to the constitutionally guaranteed freedom of assembly." However, the assembly authority can "set the loudspeaker volume to a maximum level in order to avoid no longer acceptable noise nuisance to third parties."
“No more than is unavoidable under the circumstances”
As far as the volume is concerned, the same applies to Monday walks as to all meetings, says Diem: “The volume must be adjusted so that only the immediate participants in the meeting are addressed.”
Passers-by and residents should “not be involved more than is unavoidable given the circumstances”.
There is no special decibel limit.
Kron also registered drums, horns, loudspeakers, etc.
At the meeting of Landsberg citizens who want to defend themselves against the noise, it was also suspected that Rolf Kron, organizer of the Monday walks, could register the respective route by email and that there would be no cooperation discussion.
Diem replies that Kron had already registered the meetings starting in October in September.
“Since he registered a new route and motor vehicles for the demo on February 5th, a cooperation discussion took place.” The same demo had been registered for February 12th, “therefore no further cooperation discussion took place.”
The right to assembly takes precedence over road traffic regulations
Heavy vehicles such as trucks and tractors through the old town - up to 3.5 tons are permitted in the city center - are also covered by the Basic Law, according to Diem: “Meetings are generally allowed to take place in public spaces/on public streets.
Incidentally, the right of assembly here takes precedence over road traffic regulations.” There are no agreements with the monument protection authorities or other experts.
When residents of Landsberg's old town said that the participating vehicles had not been checked, Diem replied: “Vehicles were not checked.
The road traffic regulations apply.
Anyone driving on public roads needs a registered, roadworthy vehicle.”
Statement from Mayor Doris Baumgartl
Criticism was also directed at mayor Doris Baumgartl at the citizens' meeting on Monday.
She also comments on the Monday walks: “Freedom of expression and the right to demonstrate are the greatest assets of our democracy.
As mayor, I understand the anger of the residents of Landsberg city center, who feel unbearably burdened by the weekly demonstrations and the large vehicles that drive through our old town.
Consideration and peaceful coexistence look different to me.”
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She is increasingly concerned that hardly any other people come to the old town on Monday evenings.
We will therefore coordinate with the district office “whether there are legal options to protect the residents of the city center.
We ask you to note that due to the concentration effect of the right of assembly, all decisions do not rest with the city of Landsberg, but with the district office as the responsible assembly authority." This means, for example, that road traffic law measures cannot be taken by the city against the district office's decision.
The general order of the city of Memmingen, which prohibits tractors from driving at meetings, only applies - as reported - to meetings that are not registered in time.