Hardly imaginable today, but in the first lockdown in spring 2020 entering Graz playgrounds was forbidden – the then mayor Siegfried Nagl (ÖVP) had issued a ban. But it was not sufficiently documented and justified, making the regulation illegal, as the Constitutional Court has now decided. The FFP2 mask requirement in cable cars, which was challenged by the Tauplitz Bergbahnen a year ago, corresponded to the principle of equality.
A man had entered a children’s playground in April 2020, although this was prohibited by the mayor’s ordinance. He was supposed to pay a fine of 600 euros, but challenged it. Now he was right: “The VfGH found that the mayor, as the ordinance-issuing authority, at the time the ordinance for Graz was issued, had not sufficiently documented the actual circumstances on the basis of which the ban was issued.” Prohibiting entry to children’s playgrounds is not sufficient as a reason. Tauplitz Bergbahnen are flashed off, on the other hand, the Styrian Tauplitz Bergbahnen GmbH and a holder of a ski pass for mountain railways in Tyrol have challenged provisions according to which from December 26, 2020 to January 4, 2021 It was compulsory to wear an FFP2 mask in closed or coverable cable cars, but simple mouth and nose protection was temporarily sufficient in other mass transport vehicles. This violated the principle of equality, emerged from the motions. But the VfGH decided that the regulation was lawful because it was justified that “the people who use the (closed) lanes have a higher aerosol emission due to their sporting activities and there so that the epidemiological conditions are less favorable. ”In addition, from January 25, 2021, FFP2 masks would also have to be worn in other means of mass transport.
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