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Lower Saxony Higher Administrative Court in Lüneburg

Photo: Patrick Franck / imago images / Manngold

The Lower Saxony Higher Administrative Court (OVG) in Lüneburg has partially overturned a restricted area regulation in the city of Braunschweig banning brothel prostitution. The court declared that the ban on prostitution in brothels was ineffective in this form.

In a city like Braunschweig with more than 50,000 inhabitants, a ban on prostitution is only permissible for parts of the city, the OVG said. It should only be banned in areas that are characterized by a particular need for protection and sensitivity, such as areas with a high proportion of residential areas as well as schools, kindergartens, churches and social institutions.

In this respect, it was not understandable why the police had generally assumed a need for protection in core areas, for example, the reason given was.

In August 2022, brothels were banned throughout the city, with the exception of the historic red light district, already legally existing brothels, and with the exception of five tolerance zones.

Braunschweig police want to decide on possible legal remedies after the verdict

The police department determined these zones based on information from the city and a checklist. The city announced where there were industrial and commercial areas. The police checked whether the areas were classified as requiring protection with regard to the protection of minors and public decency. Among other things, it played a role whether residential areas were adjacent or whether schools or social facilities were within a radius of 500 meters.

The Braunschweig police announced that the ordinance was drawn up with the technical support of the city administration in a complex process and considerable detailed work. We now have to wait for the reasons for the judgment before deciding on possible legal remedies.

The judgments are not yet final. The Higher Administrative Court did not allow an appeal to the Federal Administrative Court. However, an appeal can still be lodged against the non-admission.

kub/dpa/AFP