Lower Saxony

§ 11 of Lower Saxony's statute on restaurants and pubs of the 10th of November 2011 will be amended as follows:

(1) It is illegal

...

No. 14.: for the person responsible for running a restaurant or pub to intentionally or negligently deny entry to a person or discriminate against them during their stay at the given location on grounds of their ethnic origin or religion.

(2) An infringement of §1 section 10 and 14 may be punished with a fine of up to 10 000 €.

- Section 1, Law amending the Lower Saxony statute on restaurants and pubs

Since 2013, an increasing number of cases regarding ethnic discrimination when entering a nightclub were brought to court. While supporting such cases, BUG suggested an amendment of the Statute on Restaurants and Pubs in order to enable authorities to play an active role in such discrimination cases and not leave this solely to persons concerned by discrimination. 

The “Landtag” of Lower Saxony adopted an amendment of the Statute on Restaurants on December 19, 2015. This amendment allowed the public order office to inflict sanctions in case of discrimination when entering a nightclub. When people are denied entry because of their origin or their religion, the court can impose a fine of up to 10.000 € and in case of repeated breaches, the court can withdraw the license. Thereby, the principle of equal treatment from civil law was introduced to public law for the first time. People concerned do not necessarily have to get active themselves, but the local order office, responsible for enforcing rules for restaurants and pubs, has now the legal competence to impose sanctions in such cases.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011