If it gets loud or stinks somewhere in Bavaria, it can quickly cause trouble. In case of doubt, the courts must decide what is reasonable in terms of noise and smells. For example, the famous cowbell dispute in Holzkirchen between a farmer’s wife and a local couple went through the legal authorities and the nationwide media alike. “It’s ringing – and the lawyer’s office is ringing,” she noted picture-Newspaper. And the Senate The Higher Regional Court of Munich even came to the pasture for a hearing test. Likewise, judges have often had to make decisions about the sound of church bells, even if they are not at all responsible according to the strict interpretation of the singer-songwriter Fredl Fesl: “In our state everyone is equal, but the church belongs to the kingdom of heaven.” In addition, of course, there are disputes and lawsuits related to smelling – keyword liquid manure.
The beauty of such side effects of country life was described in detail a few months ago in the state parliament by the parliamentary group leader of the Free Voters, Florian Streibl, almost with the qualities of a local writer. “At the crack of dawn the rooster screeches on the manure heap, the cowbell tinkles from the adjacent pasture, and the morning Angelus ring is then enhanced by the scents coming from the goat pen.” And what’s more, according to Streibl: “Then there are the malt and beer aromas of the brewery, the smell of fresh pretzels from the village bakery and the croaking of the frogs in the frog pond.” Well, hopefully not all at once.
The FW position themselves anyway for some time as the patron saint of typical smells and sounds. Striebl identified a “flood of complaints” in the state parliament in the debate scheduled by his parliamentary group, saying that “a hedonistic sense of entitlement is becoming clear”. Crafts and agriculture are under pressure because newcomers are increasingly bothered by what has always been there. For the “preservation of the peculiarities of our rural culture” the acoustic and olfactory “sensual heritage” should therefore be protected.
“Storefront Application”
The cabinet of Prime Minister Markus Söder (CSU) has now decided to start a Federal Council initiative, as the FW happily announced. The aim is that identity-forming smells and noises are placed under special protection in the Federal Immission Control Act. One should follow the French example, where it is up to the regions to define what is worthy of protection. This could in turn be done by the state governments in this country if the federal law were changed accordingly.
If that works? Already in the state parliament debate there were strong doubts from the opposition. Based on existing laws, courts are already weighing up the legitimate interests of residents and the cultural significance of the cause of the dispute, Christian Hierneis (Greens) interjected – a “window application”. Alexander Muthmann (FDP) also referred to this, he also sensed the “attempt at a revival of the dominant culture”. Ruth Müller (SPD) questioned the feasibility of this “scent brand” of the FW: Who should please decide which sensory impressions are protected – and which are not?
Is the kebab shop typical of the country?
That’s probably where the crux lies. A few considerations: The well-known samba festival recently took place in Coburg again and a man’s complaint about the drum show (like “when primitive people go to war”) on Facebook caused a stir. Not exactly typical of the country, the noise-sensitive could argue. But there was also dissatisfaction with brass bands, when once in Reischach (district of Altötting) a local resident of the Bolzano mountaineering march seemed too heavy and he called the police, the village didn’t get any peace for days. The musicians would create identity, no question. Or the lovely animals: clucking roosters on the dung heap yes, parrots (a classic of neighborhood complaints) no? Because they’re not from here? Last but not least: the smell of roasting from the Bavarian chicken grill is great, but bad from the burger joint or the kebab shop?
In the plenary session in May, Ralf Stadler from the AfD was concerned that in the end one would see the muezzin’s reputation as typical of the country. Streibl was outraged by this “demagogy,” but admitted: According to his plans, the details were up to the regions: What might be determined in Berlin-Kreuzberg could be something different than in Garmisch-Partenkirchen.