Dancing remains forbidden. This is what the Berlin Administrative Court decided. Several applicants who are dying to run dance clubs or organize similar events in the state of Berlin had sued the ban, which banned “dance entertainment and similar companies” to protect against corona infection. However, after two decisions, the ban remains in place.

For the judges, the regulation is proportionate, as it helps to prevent the spread of the coronavirus and reduce the risk of infection.

There is also the risk that there are currently no milder means available to the court. Although the 2G-plus regulation in combination with a hygiene concept reduces the risk of new infections at dance events, it could – unlike a ban – not prevent.

This represents a significant encroachment on the professional freedom of the operator of discos and clubs: This is especially experienced because of the cancellation of commercial New Year’s parties. At the same time, these stand in opposition to the individual and common goods, which occupy the highest constitutional rank and are currently highly endangered.

For various reasons, dancing pleasure would assume a particularly high risk of infection through aerosol transmission: Usually, a large number of people meet in closed rooms over a period of time.

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Dancing itself requires greater breathing activity and is often accompanied by intense social interaction – without a minimum distance and often with loud speaking because of loud music. In addition, alcohol consumption often leads to neglecting the so-called AHA rules.

The judges do not see the principle of equal treatment violated because dance events are not comparable with the currently still permitted operation of saunas, thermal baths, brothels or so-called laser tag games. Appeals against the resolutions can be lodged with the Higher Administrative Court in Berlin-Brandenburg.