The administrative court judges the government council’s ban on rallies with more than 15 people in public spaces, which was in force until April 18, 2021, as disproportionate.
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The government council of the canton of Zurich decided on March 19, 2021 to extend the ban on rallies in public spaces with more than 15 people contained in the cantonal ordinance on measures to combat the Covid 19 epidemic by one month. On the other hand, nine people lodged a complaint with the Zurich administrative court in April.
The administrative court approved the complaint in its judgment of April 29, 2021 and found that the limitation of the number of participants allowed for rallies to 15 people is not compatible with the overriding law.
The restriction on the number of participants is an interference with the constitutionally protected freedom of expression and assembly. Such a restriction is only permitted if the constitutional requirements for justifying an encroachment on fundamental rights are met. Against the background of the current state of knowledge about the transmission of Covid-19, the mask requirement applicable to all rallies and the possibility of providing rally permits with requirements motivated by health police or to refuse a permit if necessary in individual cases, the contested regulation proves to be disproportionate. A minority in the Chamber affirms their proportionality and adds a dissenting opinion to the judgment.
The contested ordinance provision was no longer in force at the time of the judgment, but had been replaced by a new provision which sets the permissible number of participants at 100 people. This provision was not to be judged by the court.
An appeal can be lodged with the Federal Supreme Court against the judgment.
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