Bonn, 27 November 2020. Münster Superior Administrative Court has upheld the obligation to wear masks at the Federal Party Congress of the AfD. The Land of NRW was successful with Redeker Sellner Dahs at its side.
The AfD had attempted to overturn the obligation to wear a community mask at its upcoming federal party conference in Kalkar with an injunctive law‑review procedure. Münster Administrative Court rejected this bid, upholding the general obligation to wear a mask with its decision rendered on 27 November 2020 (Ref.: 13 B 1815/20.NE). The AfD, which is planning to hold its federal party conference with 600 delegates attending on 28/29 November 2020 in Kalkar, North Rhine‑Westphalia, despite continuing high rates of Corona infection in Germany, feels that its rights have been violated and does not want to accept an obligation for delegates to wear a mouth and nose mask.
The injunctive petition submitted to Münster Superior Administrative Court (OVG) in this connection was unsuccessful. In the opinion of the Superior Administrative Court, the impairment of fundamental rights associated with the obligation to wear a mask is not disproportionate to the purpose of helping protect the life and health of a large number of people. In view of the risk of infection associated with the party conference, according to the Court, delegates could reasonably be expected to wear a community mask. Moreover, it should be recalled that secondary school pupils are rightly expected to use a mask properly and that wearing of a mask during school hours is deemed to be reasonable.
Delegates who do not comply with the obligation to wear masks are to be barred from attending the party conference. This task is the responsibility of the AfD. If the party fails to comply with its duty, the city of Kalkar could also bar the event altogether, as Dr. Marco Rietdorf, who represented the state of NRW before Münster Superior Administrative Court, notes.
The law firm Redeker Sellner Dahs is advising and serving as counsel for the Land of North Rhine‑Westphalia in this and other proceedings involving Corona. These proceedings on behalf of the Land of North Rhine‑Westphalia are being conducted by the lawyers Dr Marco Rietdorf and Dr Moritz Gabriel.