Coronavirus – Security versus Right of Assembly – District of Munich

It is autumn and in many parishes the time for the citizens’ assembly has begun. The town hall chiefs appear in front of their citizens, report, explain and listen. Just like they always do in October and November. In the pandemic, however, the question arises before entering the hall: Do people actually have to be vaccinated, recovered or tested to participate? Opinions about it differ in the district. In some places the 3G rule applies, but in other communities a mask is sufficient.

When Grasbrunn’s Mayor Klaus Korneder started his speech last Thursday in the Neukeferloh Bürgersaal, he could be certain that only listeners sat across from him who had presented their vaccination, convalescence or test certificate at the entrance or, if necessary, had a quick test in the next room . In addition, four air filters were set up and the plastic bags for the microphones were replaced after each speech. Certainly there are constant letters from ministries and the district office about which measures are currently to be implemented at which event and which are not. “I didn’t care,” admits Korneder. One wanted to be “save”, he explains the strict regulations at his citizens’ meeting. “Of course we were prepared for when someone refuses to do anything or doesn’t want to be tested,” says Korneder. Then you would have had to place this person with a mask and the appropriate distance in the hall, he says. In the end, that was not necessary because everyone accepted 3G. Many people weren’t there anyway, especially since the speeches by the mayor, police and deputy district administrator were then posted on the municipality’s website.

On the same evening a few kilometers away, there was no 3G regulation at the citizens’ meeting in Ottobrunn. Those present only had to provide their details so that contacts could be traced if necessary. In Grünwald, too, nobody checked vaccination cards or asked for test results. Although 164 citizens had come and the high school auditorium was well attended. Head of the office, Tobias Dietz, justified the renunciation of 3G as follows: “Since the citizens ‘meeting is an outflow from the idea of ​​democracy, every citizen has the right to be present at the citizens’ meeting.” Only registration and wearing masks were compulsory. This is how they want to do it in Unterföhring, because there, too, they believe that citizens’ assemblies must be accessible to everyone.

In Unterhaching, where the citizens’ meeting in the culture and education center (Kubiz) is due this Wednesday from 7.30 p.m., the town hall has read the 14th Bavarian Infection Protection Ordinance and comes to the conclusion: The 3G regulation applies to us. “It is a regular public event,” says town hall spokesman Simon Hötzl with certainty, and that means that the community can demand proof of vaccinations, test results and confirmation of those who have recovered. But even if someone should see things differently, the congregations believe they are on the safe side. Because then she can easily make use of her house rules and order 3G. Hötzl also refers to the live stream with chat function that Unterhaching is offering for the first time at this citizens’ meeting. For this, a data protection consent is required from the people present on site. This is voluntary and can be filled out and handed in directly before the meeting. Consent is not required for participation on site, the municipal administration has also declared seating areas outside the camera area in the Kubiz.

According to information from the municipal supervisory authority in the district office, the municipalities can very well ask their citizens at assemblies and meetings to be either vaccinated, tested or recovered if they want to listen in presence. The principle of public meetings actually applies when committees and municipal councils meet – that is, participants and visitors to committee meetings are explicitly excluded from the application of the 3G regulation. For visitors to meetings, however (in contrast to the committee members), access can be restricted depending on a negative test by an arrangement according to house rules. “The fact that 3G cannot be ordered is not entirely true,” said District Office spokeswoman Christina Walzner.

According to the authority, these regulations apply analogously to citizens’ assemblies. So there is no statutory 3G, but the possibility of ordering this under house law. “Since the citizens’ meetings take place in different rooms, in different places, it may be that this is handled differently everywhere,” admits Walzner.

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