Cycling Protest in Dortmund Gets the Green Light
Bicyclists may navigate the B236 roadway and pass through the tunnel - Bicyclist Granted Permission to travers B236 and Transit Tunnels
Here's a friendly rundown of the recent decision regarding a cycling protest set to happen in Dortmund at 6 PM today, originally scheduled to take place on the busy federal highway B236 and through a tunnel in the Wambel district. The Higher Administrative Court of North Rhine-Westphalia (OVG) in Münster has decided that the procession can proceed as planned, overturning a previous ruling.
Under the motto "CAR-FREE DAY 13 - the return of bicycle traffic," Fridays for Future registered a cycling protest with 50 participants. The police in Dortmund suggested an alternative route for the procession and rejected the route over the federal highway and through the tunnel. However, objections were raised, and the case was brought to the Administrative Court of Gelsenkirchen, which leaned towards the police.
The OVG has since determined that the police had no basis for their original decision. They believe that the participants and police officers will not be at significant risk during the tunnel passage on bicycles. The multi-lane tunnel section allows for safe passage with ample space. Additionally, the temporary road closure eliminates the risk of rear-end collisions, as mentioned by the police. Precedents of similar events with much higher attendance have been carried out without any issues, according to the OVG.
This means that the cycling protest can move forward as planned, taking place on the B236 and passing through the designated tunnel, under the watchful eye of Dortmund police.
- Münster
- Dortmund
- Police
- Tunnel
- Fridays for Future
- Federal Highway
Insights:
The Higher Administrative Court of North Rhine-Westphalia (OVG) is the court responsible for appeals against decisions by lower administrative courts, including cases related to demonstrations and assembly law. The right to assembly is guaranteed under Article 8 of the German Basic Law (Grundgesetz). Bicycle demonstrations, like the one planned in Dortmund, have become common in German cities, with authorities sometimes restricting routes or tunnels for safety or traffic reasons. In cases when disputes arise, organizers can appeal to administrative courts like the OVG Münster, which may rule on whether the restrictions are justified or if the demonstration must be allowed, possibly under certain conditions.
- The Higher Administrative Court of North Rhine-Westphalia (OVG) in Münster has ruled that the police had no basis for their original decision to prohibit the cycling protest, led by Fridays for Future, from passing through a tunnel in Dortmund, overturning a previous ruling.
- Despite the initial objections, the OVG believes that the participants and police officers will not be at significant risk during the tunnel passage on bicycles, as there is ample space in the multi-lane tunnel section, and the temporary road closure eliminates the risk of rear-end collisions, as mentioned by the police.
