Three Bavarian state parliament members of the AfD want to stop the 2-G rules in the Free State with a popular lawsuit before the Bavarian Constitutional Court. “The 2-G rule amounts to a de facto compulsory corona vaccination for citizens in Bavaria and thus violates the basic right to physical integrity and the principle of equal treatment,” said MPs Katrin Ebner-Steiner, Ferdinand Mang and Christoph Maier, according to the AfD Parliamentary group on Monday. “This divides our society into vaccinated and unvaccinated people. Such discrimination is arbitrary and therefore unconstitutional.” Therefore, the rules should be sued in urgent proceedings before the Bavarian Constitutional Court. The lawsuit should be filed on Tuesday or Wednesday at the latest.
In a popular lawsuit, the question is whether a legal norm of the Bavarian state law unconstitutionally restricts the fundamental rights of the Bavarian constitution. In view of the dramatically increasing corona numbers, stricter rules have been in effect since Tuesday: When the hospital traffic light is red, as is currently the case, in restaurants, hotels and other accommodation establishments, only those who have been vaccinated and those who have recovered (2G) have access. This has been the case for theaters, cinemas, museums, swimming pools and other leisure facilities since last week. Children under the age of twelve are exempt, for twelve to 17 year olds there is a transition period until the end of the year for sporting and musical “personal activities”.