The city of Augsburg has to prematurely end an attempt to calm traffic on its central Maximilianstrasse after a court order. On Friday, the Augsburg administrative court ruled in favor of the lawsuit brought by two residents in summary proceedings. The city must now remove the signs that make the street a pedestrian zone within two weeks (Az. Au 3 S 23.1014).
Maximilianstraße is considered the boulevard of the 300,000-inhabitant city. Especially on weekends, it is also a meeting place for numerous partying young people who visit the nearby restaurants. The city, which is governed by a black-green coalition, declared the northern part of Maximilianstrasse and some adjacent streets a pedestrian zone for a one-year traffic trial on May 1st. “The goal is to increase the quality of stay,” the administration justified the attempt.
Almost 60 parking spaces were canceled for the project. Buses, trams and taxis were allowed to continue driving through Maximilianstrasse, and residents could apply for special permits. The municipality wanted to make the street more attractive and reduce the number of cars with additional seating and more greenery. In the coming year, the experiences should then be handed over to the city council so that it can decide on a possible permanent pedestrian zone.
The court complained that the city’s justification was insufficient in terms of road traffic law. The judges said that a specific danger to the safety or order of road traffic had to be presented. The administration had argued in this regard with regard to the sometimes drunk partying that such a danger was given because of the groups often standing on the road. The court did not rule out that there was actually a dangerous situation. However, the municipality has not presented any reliable figures on this. The city could also set up a permanent pedestrian zone – but “with other legal means, such as road and right-of-way,” emphasized the judges.