Legislation
Germany – Baden-Württemberg rejects request from arcade operator to stay open
By Phil - 28 April 2020
The Administrative Court of Baden-Württemberg (VGH) in Germany has rejected an urgent application by an arcade operator of three amusement arcades in Baden-Württemberg who claimed the closure of its operations were illegal due to the Corona Regulation.
The arcade operator had argued that the lock down laws were only applicable if a suspected infection had already been confirmed in the facility. No sick person, suspect of illness, suspect of infection had been noted in the gambling halls. He also argued, that there was enough space in the arcades to comply with distance regulations. Visitors could be asked about their state of health and a stay in high-risk areas, and would be required to wear a face mask with the surfaces being regularly disinfected.
The 1st Senate of the VGH rejected the application, saying an interim order to temporarily override the Corona Regulation could not be issued.
The Administrative Court of Baden-Württemberg said: “Such an order presupposes that the interests put forward by the applicant are clearly outweighed by the opposing interests put forward by the respondent. This is lacking because of the great importance of protecting life and limb. The closure of gaming halls ordered by the Corona regulation is also proportionate and reasonable. The fact that there was sufficient space in the arcade to maintain the minimum distance due to the legal requirements for the installation of play equipment and the applicant proposed various protective measures did not guarantee the same effectiveness as a complete closure of the arcades. An effective break in infection chains is only possible by strictly minimising physical contacts. Those affected would suffer serious economic losses. On the other hand, there would also be serious consequences for the life and limb of a large number of people affected by the coronavirus and the associated maintenance of the performance of the health system in Germany. Therefore, the closures ordered are proportionate, especially since the state government continuously reviews the necessity of the measures and their effects.”
