Statement from the cities of Dresden and Chemnitz on the discussion "Cancelling Christmas markets"
Joint press release by the cities of Dresden and Chemnitz
Over the past few days, there have been numerous discussions between the Saxon municipalities and the municipal community with the Free State of Saxony. Against the backdrop of dramatically rising infection figures, it was the cities in particular that requested clarification from the Free State. The fact is that the recently issued Corona Protection Ordinance allows Christmas markets and even gives them preferential treatment over other events. If the Free State considers it sensible or necessary to cancel the Christmas markets in view of the current situation, it must also create the legal framework for this. Otherwise, the cities would run into an incalculable legal risk.
Lord Mayor Dirk Hilbert and Lord Mayor Sven Schulze: "The market organisers, whether municipal or private, have made enormous efforts to plan and organise Christmas markets under coronavirus conditions. Stalls have been reduced, areas have been extended and recreational areas have been set up. Traders have stocked up on goods and products in good faith in line with the public promises made by politicians. Ultimately, only the regulator and the responsible ministry can judge whether the situation in the hospitals speaks in favour of generally cancelling major public events in the open air. The fact is that the Corona Protection Ordinance does not currently justify a cancellation. In this respect, the Christmas markets will continue to be set up. However, if an amendment to the Corona Protection Ordinance is issued at short notice, local authorities and the Free State of Saxony will have to discuss compensation for traders and market operators, as otherwise the economic damage would be so drastic that it would have an impact on this industry for years to come."
The Saxon Association of Towns and Municipalities has also taken a similar stance. Mischa Woitscheck, Managing Director of the SSG: "The SSG does not support the state government's initiative. This was the result of a consultation with our executive committee yesterday. We would like to remind you that the state government has been emphasising for months that Christmas markets can take place even if the pre-warning level and the congestion level are reached if certain protective measures are observed. The local authorities have relied on this concept in their long-term preparations. Only four days ago, a new Corona Protection Ordinance came into force, which allows Christmas markets to continue despite the current infection situation. The state government is contradicting its own concept with the proposal that has now been made to local authorities to do without their Christmas markets. However, if the state government has gained new insights over the past four days that the Christmas markets held outdoors pose an unacceptable risk of infection despite all precautionary measures, it must change the legal guidelines and take responsibility for this. If this is not the case, the local authorities will decide on the organisation themselves within the framework of local conditions and the applicable legal requirements."
Why no Christmas markets under the 2G rule?
The municipal experts in the respective market areas have intensively examined a 2G rule: "A 2G rule requires the respective Christmas markets to be completely enclosed. Fencing often clashes with fire safety and evacuation regulations for the markets. At the same time, compliance with the 2G rule would have to be monitored and enforced by security services. Even if fencing were possible under building law, there is currently a lack of sufficient security personnel throughout Germany to carry out practical checks in a two-shift system. Not to mention the costs incurred for fences and personnel. In this respect, there may be smaller markets in Germany that can be organised according to 2G, but this option is not feasible for the city of Dresden and the city of Chemnitz.
"There are arguments for holding on to the markets"
"There are certainly good arguments for sticking with the Christmas markets," both mayors continue. "With their offerings, the markets help to alleviate the situation in the shopping centres of the cities and in the retail sector. At the same time, the markets help to prevent Christmas get-togethers with friends and colleagues from being shifted to the private sphere and closed rooms, where it is de facto no longer possible to control coronavirus rules."