Concerts only for vaccinated people: is the "two-class society" illegal? 

display

In the past, it was not always easy to get tickets for your favorite artist.

Events were quickly sold out, and coveted tickets were later only available on the black market - often at horrific prices.

It is quite possible that the hurdles for going to the concert will be even higher in the future: The online ticket seller CTS Eventim brought into play on Wednesday that access to events would be linked to a corona vaccination.

"If there is enough vaccine and everyone can be vaccinated, then private organizers should also have the opportunity to make a vaccination as a requirement for access to events," said Eventim boss Klaus-Peter Schulenberg of the "Wirtschaftswoche".

display

The first preparations have apparently already been made.

The company has already set up its systems so that they can read vaccination cards, it is said.

On Wednesday afternoon, however, it seems that Schulenberg felt misunderstood.

The company made it clear: "It is wrong that CTS Eventim wants to tie participation in concerts and events to a vaccination against the coronavirus." The portal referred to a statement in which Schulenberg emphasized that private organizers should have the opportunity to do so - when everyone can be vaccinated.

That would mean: only those who do not want that would have to stay outside.

The Eventim boss understands when people have concerns about a vaccination.

"But when you see how vaccinations are now being carried out worldwide without any relevant side effects, then it is to be hoped that this skepticism will soon disappear," said Schulenberg in the report.

The industry is running out of time

display

It will take some time, however, until enough vaccine is available.

In an interview with ARD on Tuesday, Chancellor Angela Merkel (CDU) renewed her promise to be able to offer every citizen a vaccination offer by the end of the summer.

However, little progress is still being made, and significantly more vaccine doses are not expected until April.

But the industry is running out of time.

Since November 2nd, even smaller events like last spring have been banned, some artists and companies are fighting for their existence.

The organizers are already considering how events with the necessary protection against infection could take place again - and are openly thinking about admission requirements for the meantime.

"Until an acceptable vaccination quota has been reached, proof of a vaccination, or at least a current negative test result, will be part of the entry requirement for events," says Jens Michow, Managing President of the Federal Association of the Concert and Event Industry (BDKV).

display

Both results of the PCR tests and antigen tests could be used for this.

The organizers' associations with politicians have already started talks about the financing of such tests, explains Michow.

Lawyers would give such admission requirements the green light: "It is legally permissible that Eventim, as a private company, only allows vaccinated people access to its major events," said lawyer Christian Solmecke, partner at Wilde, Beuger, Solmecke (WBS), to WELT.

The ticket seller could invoke his contractual freedom and private autonomy.

"Eventim is allowed to independently determine to whom and under what conditions it offers concert tickets," says Solmecke.

There is also the General Equal Treatment Act in German civil law, which prohibits discrimination in civil law transactions and thereby partially restricts freedom of contract.

According to the lawyer, discrimination is only prohibited for specific reasons.

For example because of ethnic origin or gender.

Resistance but also encouragement from politics

From the organizers' point of view, there is a need for action with regard to data protection.

"So it would have to be ensured that, for example, the data of the vaccination card presented at the time of purchase - at best scanned by barcode - can be passed on to the organizer," says association boss Michow.

It is easy to obtain consent for digital ticket purchases.

In the case of purchases in advance booking offices, greater effort is inevitably required here.

Access only with vaccination certificate?

Opposition politicians are skeptical: "Of course I understand that many organizers are now hoping to be able to reopen as soon as possible, even if it is only for vaccinated people at first," said Tabea Rößner, consumer policy spokeswoman for the Green parliamentary group, when asked.

But ultimately this idea is one of the hasty easing proposals that could ultimately mean that the pandemic will only last longer.

"After all, a concert exclusively for vaccinated people could still act as an infection driver," said Rößner.

display

Not least because the protective effect does not occur in one hundred percent of the vaccinated people.

In addition, it should not be forgotten that there are people who cannot be vaccinated for medical reasons.

Even celebrities are extremely critical of such access requirements if they are implemented promptly.

Schlager Dieter Thomas Kuhn, who fills large arenas with his flower power shows, finds the approach tasteless: “That would be tremendous discrimination.

I think such a two-class society is outrageous, ”Kuhn told WELT.

"One can talk about that cautiously in two years' time, but to knock something like this out at the present time, I think is presumptuous and dishonest."

CDU politician Jan-Marco Luczak, however, comments: At the latest when everyone can be vaccinated, there is no reason why a private company should not make proof of vaccination a prerequisite.

"We must always keep in mind that this is not about special rights or privileges for vaccinated people, but about exercising fundamental rights," said the consumer policy spokesman when asked.

From Luczak's point of view, it would be a “constitutionally and politically wrong way” to demand consideration from the vast majority of those willing to vaccinate towards the small minority of those who oppose the vaccination - and therefore to maintain restrictions.

Incidentally, Eventim knows its way around corona vaccinations.

In Schleswig-Holstein, the ticket seller assigns vaccination appointments on behalf of the State Ministry of Health.

For the company, this is a new business area in times when the event industry is largely idle due to the corona restrictions.