The city appeals and calls for a counter-rally, an initiative wants to prevent the right-wing demo
Despite Bavaria’s stricter right of assembly laws, which are supposedly directed against right-wing extremist gatherings, the competent administrative court in Regensburg has not yet allowed the demonstration planned tomorrow by right-wing extremists and supported by the NPD (National Democratic Party of Germany) against the right-wing extremists "the police and the media agitation" approved in the Mannichl case (see also: Demo of right-wing extremists in Passau: "The most disgusting beginning of the year I can imagine").
The city of Passau had banned the rally on the grounds that because of "to expect honor violations during the execution of the event directly endangers public order" was. The city administration also argued that the "by far the majority of the population" the demonstration "not only as incriminating or uplifting, but simply as unbearable" empfinde, it were thereby "violates basic social and ethical views".
The administrative court approved the demonstration with conditions. Speakers and participants should be forbidden to make defamatory remarks about the chief of police of Passau, to use the term "Mannichl-Luge" and to carry "gingerbread men" or to wear "donkey masks". A ban "as the strongest possible encroachment on the gemab Art. 8 of the Basic Law (GG), the freedom of assembly guaranteed by constitutional law" only, according to the reasoning of the court, "can only be considered for the protection of elementary legal rights …, whereas a threat to public order is generally not sufficient for this purpose." In addition the "The legal admissibility of an expression of opinion is not judged by the yardstick of public order" be judged, "but always and exclusively on the basis of the rights and freedoms guaranteed in Art. 5 para. 2 of the Basic Law (GG), the limits of the freedom of opinion".
The city of Passau appeals to the Bavarian Administrative Court of Justice. A decision could not be made until tomorrow. Regardless of this, the Passau Round Table against the Right, with the support of the city of Passau, continues to call for a counter-event on Saturday.
The "Passau action civil courage" calls for people to meet at the rally organized by the Round Table Against the Right and then prevent the right-wing extremists’ rally from taking place: "Let us not let them march!" After the verdict of the administrative court, one must resort to civil disobedience and send "clear signs for the human rights and the democracy" set. "Under no circumstances should we allow them to get away with it. The hands of justice are tied in this case, but it is a legitimate right of the citizens to prevent damage to their city", said the green member of the state parliament Eike Hallitzky, one of the initiators of the Passauer Aktion Zivilcourage.