The Kassel Administrative Court has temporarily overturned the bans on two demonstrations scheduled for June 19, 2021, in Kassel, protesting the so-called "Querdenker" (lateral thinker) demonstration. The demonstrations, one at Kassel's Opera Square and the other at Kassel's Old Market Square, were themed "For social pandemic control, against science denial and conspiracy ideology." In rulings dated June 18, 2021 (Case Nos. 6 L 1137/21.KS and 6 L 1138/21.KS), the court reinstated the suspensive effect of the appeals filed on June 17, 2021, against the prohibition orders issued by the City of Kassel on June 15, 2021.
The justification given was that the city of Kassel had not sufficiently considered the special significance of the constitutionally enshrined freedom of assembly. In light of the coronavirus pandemic, regulations requiring adherence to minimum distances, the wearing of face masks, etc., were deemed less restrictive than a complete ban on the assembly. Both resolutions are attached to this announcement.
“The city of Kassel’s bans are legally untenable. They cited, among other things, events from March 20, 2021, involving members of the Querdenker movement, against whom the registered assemblies were directed. There is no evidence on this side of the narrative that violations of social distancing rules and mask mandates are to be expected. The Kassel Administrative Court was therefore correct in asserting that the Kassel public order office should have taken a differentiated approach and emphasized the fundamental right to assembly,” says Sven Adam, a Göttingen-based lawyer specializing in assembly law, who represents the two organizers, expressing his frustration with the city of Kassel’s blanket bans.
“We welcome the administrative court’s decision to ultimately approve our demonstrations. A ban on all demonstrations would have been a slap in the face to the solidarity-minded people of Kassel. This way, we can all show on Saturday that Kassel remains united and that we will not let COVID deniers and neo-Nazis take over our city,” commented Frank Habermann, who registered one of the two rallies for The Left Party.
For further questions, please contact attorney Sven Adam, who legally represents the applicant, using the contact details provided.
