A lawyer from Rosenheim wants to use a norm review suit at the Bavarian Administrative Court (BayVGH) to ensure that elementary school students no longer have to wear a protective mask on site. Christoph Lindner has confirmed to Bayerischer Rundfunk that he has submitted an urgent application to the BayVGH this week.
Lawyer emphasizes: I’m not a “corona denier”
His six-year-old daughter is in the first grade of a primary school in the Rosenheim district. There is a strict mask requirement also for primary school students. They must wear their masks throughout the class. The incidence in the Rosenheim district was 144.64 on Tuesday, which is the number of new corona infections over the course of a week, extrapolated to 100,000 inhabitants.
Lawyer Lindner emphasizes that he is not an opponent of the corona measures and certainly not a corona denier. “However, first graders are still closer to kindergarten than to fifth grade, so the obligation to constantly wear masks in class is not proportionate for me,” says Lindner.
The lawyer has no problem with elementary school children having to wear masks away from their individual seats in the classroom. But that she should keep the mask on during the entire class is too much, says Lindner.
Constant wearing of masks put the child at school
In the 10-page application to the Administrative Court, Lindner justified his complaint, among other things, with the fact that his daughter no longer wanted to go to school since the introduction of the mandatory mask requirement, which she previously enjoyed and enjoyed.
She cries a lot, makes inexplicable mistakes with her homework in the midday care – also with a mask – and mourns after the physical education and singing, which no longer takes place due to corona.
Elementary school students are not drivers of the pandemic
Another argument from Lindner: elementary school students are not the “drivers” of the pandemic. This is also clearly evident in the district of Rosenheim: Of all schools in the district and the city of Rosenheim, only seven primary schools with a total of ten people were affected in the period from October 1 to 20, 2020, when there was no mask requirement in class.
Lawyer expects a quick decision
In the urgent application, the lawyer and father demand that the mask requirement in elementary schools be suspended until a final decision is reached. Lindner expects a decision in the urgent procedure in the “range of days, not weeks”.
The city of Munich and the district of Ebersberg had lifted the mask requirement in elementary schools, which is legally possible. The city and district of Rosenheim, on the other hand, have stated that despite numerous requests from parents, the mask requirement at elementary schools in the city and district of Rosenheim remains
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