Berlin bars beat curfew but can’t serve beer

Confusion as 11pm closing overturned but not late night alcohol ban amid anger at virus measures

CORONAVIRUS restrictions in Berlin were yesterday thrown into turmoil when a judge overturned an 11pm curfew for restaurants and pubs.

He ruled that there was no evidence the curfew would do anything to slow infections. But restaurants and pubs will not be allowed to serve alcohol after 11pm, as the judge upheld a separate ban on alcohol sales.

The curfew, ordered by the Berlin regional government a week ago amid concern over rapidly rising infection rates, is the strictest in the German capital since the Second World War.

All restaurants, pubs and shops were ordered to close between the hours of 11pm and 6am, with only pharmacies and petrol stations exempt.

The courts intervened after the owners of 11 Berlin pubs lodged an urgent challenge against the curfew order, arguing that if they were forced to close, young people would simply meet in places with none of the strict hygiene rules currently imposed in Berlin pubs.

“The curfew is suspended because the court considers it disproportionate with regard to other measures to combat the pandemic,” said a spokesman.

For the time being, yesterday’s ruling only applies to the 11 pubs which brought the challenge, and other businesses are still obliged to close at night.

However, it provides a legal basis for a wider challenge, and is expected to be extended to cover restaurants and pubs throughout the city.

“It is incomprehensible why it should be justified under infection protection law to close catering establishments which are otherwise allowed to be open after 11pm,” the judge said in his ruling.

He ruled that the separate ban on alcohol sales meant that there was no risk of “uninhibited” behaviour which could spread the virus.

The Berlin regional government was yesterday considering whether to appeal the ruling.

Other restrictions remain in place in the city, including a night-time “rule of five” and a daytime limit of 10 on private gatherings.

The decision is the latest by the courts to upend coronavirus restrictions around Germany.

Attempts to restrict travel within the country are being met with numerous legal challenges.

Courts in Baden-württemberg and Lower Saxony on Thursday overturned a ban on overnight stays in hotels and holiday rentals by people from areas with a high infection rate.

The controversial ban, which affects residents of Berlin, Munich, Cologne and Frankfurt, among other cities, was initially agreed by all of Germany’s regional governments.

But it provoked public anger as parents were forced to cancel half-term holidays, and several states, including Berlin and North Rhine-westphalia, have said they will not enforce it . Bavaria yesterday became the latest to abandon the ban.

The regional government of Mecklenburg-west Pomerania is facing a separate ongoing challenge to a ban on daytrippers from other states.