Municipalities - Night-time music ban in Freiburg parks confirmed
In the legal dispute over the ban on music in public parks at night, a court has confirmed the line taken by the city of Freiburg. The Administrative Court of Baden-Württemberg (VGH) dismissed an urgent appeal by three citizens against the Black Forest metropolis' park bylaws, as the court announced in Mannheim on Wednesday. The municipal statutes were lawful. (Case no. 1 S 1365/23)
The Freiburg municipal council had passed the ban in May. The aim was to curb complaints from residents. In several green spaces, no musical instruments may be played from 11 p.m. to 6 a.m. and loudspeakers may no longer be played.
Lord Mayor Martin Horn welcomed the decision. "Listening to music and making music is of course still possible in the parks - but people seeking peace and quiet should also be protected at night from 11 p.m. onwards," said the non-party town hall leader.
Head of the legal department Sabine Recker said that the court had not seen any encroachment on fundamental rights and had recognized the interests of local residents.
The three citizens had filed an urgent application for a so-called "Normenkontrolle", as the court announced. This was intended to temporarily suspend the statutes for the municipal parks. The VGH decision is not contestable.
Court announcement
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- Despite the legal dispute in Baden-Württemberg's Administrative Court (VGH) in Mannheim, the Night-time music ban in Freiburg parks has been upheld.
- The municipalities of Baden-Württemberg, including Mannheim, follow specific laws and bylaws, as recently proven in the VGH's decision regarding Freiburg's park regulations.
- The VGH in Mannheim dismissed an urgent appeal against Freiburg's park bylaws, ensuring the continuation of the night-time music ban in several communes of Baden-Württemberg, such as Freiburg.
- Local residents in Freiburg, a commune in Baden-Württemberg, may rest assured that the court's decision (VGH) will uphold the night-time music ban, providing a peaceful environment in their municipalities.
Source: www.stern.de