A German court has ruled that the Covid restrictions imposed in Bavaria that prevented citizens from leaving their homes between April 1st and 19th, 2020, were ineffective and unnecessary. The court also ruled that the lockdown violated the prohibition of excess from higher-ranking laws.
Bavaria’s Prime Minister, Markus Soder, announced a stay-at-home order last year, stating that citizens could only leave their homes in “exceptional cases.” This translated to Bavarians only being able to go outside for essential reasons such as going to work and shopping for food.
The Bavarian Ordinance on Protective Measures Against Infectious Diseases in Response to the Covid Pandemic required the police to check compliance with the lockdown order, in which citizens were forced to provide “credible reasons” for being outside.
The restrictions demanded that every individual reduce all physical and social contact with other people, except family members living in the same household, to the absolute minimum extent possible. It also introduced a mandatory five-feet physical distancing rule.
The ruling from an Administrative Court in Ansbach has declared the restrictions to be ineffective. Basically, the restrictions constituted a violation of principles in German law, which forbade the introduction of any law that disproportionately disadvantaged those who are affected, no matter the intentions.
The court determined that the government defined the valid reasons for leaving home “so narrowly” that the principle of the law had been violated.
The court declared that Soder’s restrictions, introduced as a strategy to mitigate the spread of Covid-19, were unnecessary. Judges said that the government was careless to “choose the less burdensome of the basic rights when selecting measures from several equally suitable means.”
Court judges also criticised the government’s appreciation of human natures, given that the state proposed staying in public to be deemed a danger.
In conclusion, the court stated that an appeal to the Federal Administrative Court would be permissible as the legal matter is of fundamental importance. The possibility of a final decision on the matter can still be made by the highest court in Germany.
Whilst last year’s lockdowns face criticism from the courts, this has not stopped German health authorities from introducing tyrannical restrictions on the unvaccinated. From November 1st, 2021, those who do not get the jab will no longer receive compensation for lost pay if Covid measures forced them to remain in quarantine.
These measures will affect people who tested positive for the virus along with those returning from countries that are designated to be “high risk” for Covid-19, including the UK, Turkey and parts of France. Those who are medically exempt must show a certificate to prove this.
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