Status: 03/22/2023 3:48 p.m
Despite allegations of anti-Semitism, Roger Waters’ concert will take place as planned in the Olympiahalle. The city of Munich sees no legal way to ban it. Anti-Semitism Commissioner Ludwig Spaenle calls for a boycott.
Roger Waters has been criticized for anti-Semitism allegations
3/22/2023 3:34 p.m
Roger Waters is allowed to appear in Munich on May 21 as planned. The city of Munich sees no legal way of banning the event and terminating the contract with the organizer. It is not only Mayor Dieter Reiter (SPD) who finds it “unspeakable” and “unbearable” that the concert has to be allowed, although it is almost certain that “anti-Semitic slogans will be thrashed”.
The city council therefore decided to ask the Olympic Park to send a clear “signal for international understanding and international solidarity, against anti-Semitism and for the right to exist of the State of Israel and the sovereignty of Ukraine” on May 21. This is to be done, for example, by means of appropriate flags.
Anti-Semitism allegations against Waters
Waters is the former frontman of “Pink Floyd” and has repeatedly been criticized for his closeness to the partially anti-Semitic Israel boycott movement BDS and most recently for his comments on the Russian war of aggression in Ukraine. Originally, the city council actually wanted to ask Mayor Reiter to issue a shareholder instruction to Olympiapark München GmbH and thus achieve a termination of the contracts. However, it was unclear from the start whether this was also legally permissible. The government of Upper Bavaria has meanwhile denied that.
Legal situation: No authority to cancel concerts
The authority referred to a judgment of the Bavarian Administrative Court (VGH), which has also been confirmed by the Federal Administrative Court in Leipzig. According to this, Munich – like other municipalities – is not authorized to deny applicants access to its public spaces “solely because of the expected unwanted expressions of opinion” if the event corresponds to the dedication of the venue. Otherwise it would violate the fundamental right of freedom of expression.
The Olympic Hall is definitely intended for concerts and so Roger Waters can now perform there again. He was last a guest in the hall in 2018. Here, too, Munich’s Mayor Reiter had thought aloud in advance about a possible cancellation because of Water’s anti-Semitic statements. He also had to reject that at the time, and he also summed up the current discussion about Roger Waters: “I don’t want him here, but we have to endure it now.”
The city wants to question the legal situation for the future
In order to avoid a repetition of such discussions, the city wants to clarify how future performances by artists with anti-Semitic, conspiracy mythical or Reich citizen references in the Olympic Park can be prevented. She is also interested in more information before contracts are signed. Reiter also announced talks with the Free State to what extent cities could be given legal options to ban such events.
Anti-Semitism Commissioner Spaenle calls for a boycott
The representative of the Bavarian state government against anti-Semitism and for Jewish life, Ludwig Spaenle, also expressed regret that the concert was not canceled in an interview with the BR. The legal framework is “to be accepted now,” explained Spaenle: “Roger Waters’ appearance is therefore no less to be rejected in terms of content, and it really only remains to call for a public boycott here. I think this is imperative. Who expresses himself so drastically anti-Semitic and about Israel in a way that calls into question the very existence of the state – not to mention the completely crude statements about the war in Ukraine – such a person must not appear in Munich without contradiction.”
Knobloch: “Slap in the face for the Jewish community”
The President of the Jewish Community in Munich and Upper Bavaria, Charlotte Knobloch, called the decision not to cancel the concert a “slap in the face for the Jewish community and for everyone who works for a respectful and tolerant coexistence”.
Knobloch continued: “If even someone like Waters cannot be prevented from publicly proclaiming his hatred of Israel and Jews, then many in the Jewish community will question whether the law prioritizes protection from anti-Semitism over protection from anti-Semitism. “
Waters recently said planned concert bans were unconstitutional, unjustified and based on the false accusation that he was anti-Semitic. He instructed his lawyers to take action.
“Here is Bavaria”: The BR24 newsletter informs you about the most important things of the day at a glance, Monday to Friday after work – compact and directly in your private mailbox. Register here!
Source: Regional news from Upper Bavaria 03/22/2023 – 11:30 a.m