Lower Saxony

Short assessment of section 11 (1) No. 14 of Lower Saxony's industrial code



The jurist Vinzent Vogt and the research fellow Katrin Kappler from the Martin-Luther-University Halle-Wittenberg have published a short assessment of section 11 (1) No. 14 of Lower Saxony's industrial code in order to clarify who would be sanctioned in the event of an infringement of the law: the club owner, the employee  executing the rejection or an external security company? The full document can be viewed here.

Since 2013, an increasing number of cases of ethnic discrimination had been heard at regional courts in Hannover. In the course of legally supporting such cases, BUG advocated for an amendment to Licensing Acts at the regional state level, so that authorities may as well be able to react in cases of discrimination and not only those affected by discrimination.

Lower Saxony's state parliament then adopted an amendment to its Licensing Act on the 19th of December 2015 which permits regulatory authorities to impose sanctions if discrimination in access to clubs occurs. The law lays down that if people are rejected on grounds of ethnicity or religion, a fine of up to 10,000€ may be imposed on the respective operator. Furthermore,the license to run a restaurant, pub or club might be withdrawn in case of multiple infringements.

BUG has published a press release concerning the amendment. Select press reports can be found here, here and here.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011