After the city council and the governor, the cantonal administrative court also judged the measure applied almost two years ago to be proportionate.
Demos against corona measures, here at Helvetiaplatz at the end of August 2020, are out, but the consequences are now catching up with the courts.
The pandemic is abating, but Corona continues to occupy the courts. So does the Zurich Administrative Court. In a judgment published on Wednesday, it supported the expulsion of a man from the city of Zurich. Almost two years ago, he demonstrated against measures to contain the virus.
It was about a rally on January 30, 2021 in the second lockdown. Under the law at the time, which is no longer in force, gatherings of more than five people in public spaces were prohibited, and wearing a face mask was mandatory if the required distance between people could not be maintained.
Sent away for 12 hours
On that day, around 500 people demonstrated against these orders on the Rudolf Brun Bridge in the middle of Zurich. With a loudspeaker announcement, the police drew their attention to the fact that this was an unauthorized demonstration that had to be ended. Finally, based on Article 33 of the cantonal police law, she issued participants with expulsion orders.
A man from another canton unsuccessfully defended himself against this verbal request to stay away from the city of Zurich for 12 hours at the city police, the city council and the governor. The administrative court, the next instance, does not believe his claim that he did not take part in the demonstration at all, but was out and about with two friends in the city.
The man’s private interest in staying in Zurich was no different than taking part in this rally, especially since all public facilities and shops were closed at the time, the statement said. After the police announcement, anyone who had not yet been subjected to a personal check had the opportunity to leave. A milder action against the people on the bridge is not apparent, the judges continue to write, thereby confirming the proportionality of the police action.
Public health comes first
The eviction appears as a “suitable, necessary and reasonable measure” to enforce the protective measures against the corona virus and the threat to public health. It was also not associated with a serious impairment for the person concerned and was therefore lawful.
The administrative court dismissed the man’s complaint and imposed the procedural costs of 2,380 francs on him. The judgment can still be appealed before the federal court.
Judgment VB.2022.00465 of December 15, 2022, not final.