Court tilts Freiburg alcohol ban
Freiburg ban madness stopped by court
The Administrative Court (VGH) of Baden-Wuerttemberg has tilted the so-called "Freiburg alcohol prohibition." Two provisions of the Police Regulations are unlawful, the judges said. The rules said that a complete ban on alcohol should apply to certain public areas.
He argues, the judge, the consumption of alcohol or aggressive behavior leading to enthemmendem, but this is not typically the case with every person. "There is an understandable attempt by the communities, something to squeeze into a regulation, which can not be squeezed into a regulation," said Judge Karl-Heinz Weingartner to the SWR. However, individual decisions are required and no general accusations.
Of course the city should take action if some were alcohol-related disturb public order. An alcohol ban in advance but must be covered by special laws, which was not the case. The city of Freiburg founded the prohibition of alcohol in the bar district with the supposedly sharp increase in violent crimes.
Not only the general prohibition of alcohol is illegal, but also the so-called "fringe paragraph". Then the permanent residence for drinking outside of licensed areas or outdoor grills is prohibited if it bothered others. This regulation is in the opinion of the judges is too vague. There was no clear distinction between what can be prohibited and what is permitted.
Philip Thurn, a 27-year-old law student had complained against the Freiburg alcohol bans. He expressed relief at the ruling. Freiburg's mayor Dieter Salomon (Green), however, appears not to recognize that its ban on orgy - stand for the Greens by now - has now been overturned by a court. He still believes that the alcohol bans Freiburg were correct.
The judgment is final. The Administrative Court has not approved a revision to its judgment explicit.
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