Medical apartheid in Australia continues
Am I living in a Beckett play? Or is Orwell’s 1984 coming true?
The cult-like obsession with the so-called Covid vaccines continues unabated, even as around the globe there is increasing evidence these substances are ineffective, and they have already seriously harmed more people than we would have accepted from any medicine or vaccine before 2020.
Still, the jabbing must continue, no matter what. And it doesn’t even matter whether you’ve already had Covid and therefore gained far superior natural immunity. You’ve gotta get the jab regardless.
For about 3-4% of the adult population, the deliberately unvaccinated, Australia has effectively turned into what it once was: a prison island.
On 25 March 2022 federal health minister Greg Hunt published a media release with some good and bad news.
The good news: The farcical Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 will not be renewed beyond 17 April. About time!
The bad news: Those Australians who haven’t rolled up their sleeves to get a Covid ‘vaccine’ still can’t leave the country.
There can be no conceivable justification for this continued human rights abuse. Read the gory details below (it gets a little technical, but the details matter!).
Covid double-speak on vaccination
Here are some examples of Australian prime minister Scott Morrison and health minister Greg Hunt clearly stating that Covid “vaccination” will remain voluntary. Still coercive measures persist in Australia.
While the Government strongly supports immunisation, it is not mandatory. Vaccination will remain voluntary and individuals will retain the fundamental choice to choose not to vaccinate.
Hunt, media release – 3 Dec 2020
GREG HUNT: And our expectation is that all Australians who seek it will be given access to a free vaccine on a voluntary basis during the course of 2021.
Hunt, interview – 24 Nov 2020
JOURNALIST: So can I clarify then your policy on vaccination? Should they be mandatory?
GREG HUNT: Ours has always been that vaccination, from a government perspective, is voluntary.
So the simple answer is we’ll stick by our March time frame, but our goal is always under promise, over deliver, and we expect that Australians will be fully vaccinated by the end of October, on the basis of it’s free, it’s universal, and it’s entirely voluntary.
Hunt, interview Melbourne – 28 Dec 2020
National Cabinet received a briefing from the Solicitor General on the use of vaccinations in the workplace. Australia’s policy remains that vaccines should be voluntary and free. Businesses have a legal obligation to keep their workplaces safe and to eliminate or minimise so far as ‘reasonably practicable’ the risk of exposure to COVID-19. In general, in the absence of a State or Territory public health order or a requirement in an employment contract or industrial instrument, an employer can only mandate that an employee be vaccinated through a lawful and reasonable direction. Decisions to require COVID-19 vaccinations for employees will be a matter for individual business, taking into account their particular circumstances and their obligations under safety, anti_discrimination and privacy laws. Businesses are encouraged to review guidance provided by the Fair Work Ombudsman and Safe Work Australia in considering what directions may be lawful and reasonable, and the approach to keeping workplaces safe through the use of vaccinations.
Morrison, National Cabinet statement – 6 Aug 2021
MITCHELL: Prime Minister, Victoria is introducing compulsory vaccination in the construction industry and it looks like coming in the health industry. And while it’s not there already, will you re-think compulsory vaccination?
Morrison, interview – 17 Sep 2021
PRIME MINISTER: We’ve got no plans to do that. But states can always do exactly what you said. They’re responsible for public health. I think, Neil, over the course of these 18 months, there’s been some sort of mistaken view that some powers have been given to the states. It is just simply not true. They’ve always had them. And I think the public may not have been as aware of them because we haven’t been confronted with a national and international pandemic at the scale we’re now living through. It’s enlivened what those powers are. The states have always had them and they they’ve always been responsible for them. And so each of the premiers must be accountable for how they use them.
JOURNALIST: [inaudible] a very broad vaccine mandate with a long list of workers that will need to get vaccinated to go back to work. Are you disappointed that there hasn’t been uniformity achieved in the public health orders around the country? And are you worried that this constitutes a vaccine, compulsory vaccines by stealth? As you previously described it?
Morrison, press conference Canberra – 1 Oct 2021
PRIME MINISTER: Our policy, the Australian Government’s policy has been only to have mandates in exceptional circumstances. And that remains our policy. The only policy agreed through the national cabinet process for national-level implementation was the vaccination of aged care workers. And the principle that sits behind that is we were seeking to ensure high rates of vaccination with those who are engaging with vulnerable communities. And that’s an important policy principle. And I think there’s a lot of merit in where people are engaging with very vulnerable elements of the community, I know in the Northern Territory, for example. And we’ve used similar powers there where there’s engagement with quite sensitive indigenous communities. There have been some exceptional arrangements put in place in those circumstances. But my policy has always been that this is not a compulsory vaccination program. And I think the way that Australians have responded and the fact that we have gone up 20 points to 55 percent, we are now ahead of the United States on first dose vaccinations, that similarly across the G7 average and across Europe, we will be exceeding their positions within a matter of weeks. That demonstrates that the race we’re running is running hard to the end and it’s getting the results. You know, we had our challenges many months ago. I took responsibility for those challenges and those problems and I said I take responsibility for fixing it and I have. And that’s why you are seeing the vaccination rates that you are seeing now, which is what we had originally hoped to see by the time we have reached October of that order. And we will continue to see that rise. So I know Australians know what’s good for them. I know Australians want Australia to open up. And I think the best way to encourage those vaccinations is to stick to the national plan, stick to the deal. Australians will keep their side of the bargain. We need to keep ours.
We now have one of the highest vaccination rates in the world. We’ve had one of the strongest economies to come through the pandemic, and we have one of the lowest fatality rates from COVID in the world. Australians have done an amazing job when it comes to leading us through this pandemic, but now it’s time for governments to step back. And for Australians to take their lives back. And for Australians to be able to move forward with the freedoms that should be theirs. That’s certainly what we’re doing as a federal government. That’s where we see it going. Our position on mandatory vaccines, for example, is in very specific circumstances. We’re not in favour of mandatory vaccines imposed by the government. Businesses can make their own choices under the law, but we’re not about telling them what to do or telling Australians what to do. Vaccines only are mandatory in cases where you’ve got health workers that are working with vulnerable people. That’s what our medical advice has always been. And as we get above 80 per cent in particular, which the scientific advice shows us and the research shows us, that means Australians can have their lives back. They should be able to go and get a cup of coffee in Brisbane when you’re over 80 per cent, regardless of whether you’ve had the vaccines or not.
Morrison, press conference Lidcombe – 18 Nov 2021
PRIME MINISTER: Well, being vaccinated is not mandatory for many Australians. And it’s certainly not the Commonwealth Government’s policy except for health workers and aged care workers and so on. I believe, I believe people should get vaccinated. I think it’s good for their health, I think it protects other Australians. I also respect other Australians about the choices that they make. Senator Antic has made his choice and he’s entitled to that choice. I was labouring under the understanding that he had been double vaccinated and I’d been advised that he had been double vaccinated, so I could only work on that assumption and that assumption proved to be incorrect.
Morrison, Snowy Hydro visit – 3 Dec 2021
JOURNALIST: Do you back calls by the Queensland Government to enforce a mandate on booster shots?
Hunt, press conference Gold Coast – 25 Mar 2022
GREG HUNT: Look, the Prime Minister was very clear yesterday and this has been our position throughout. We support voluntary vaccination. We’ve achieved 95 percent double dosing through voluntary vaccination other than in critical healthcare areas such as aged care and our hospitals.
JOURNALIST: Would you back the mandate on school-aged children?
GREG HUNT: No, no.
JOURNALIST: Seven days isolation for COVID close contacts. You’ve previously said that’s redundant. Is that still the case?
Morrison, Clayton, Victoria – 4 April 2022
PRIME MINISTER: Yeah, I’m looking forward to that being removed. I’m looking forward to that being removed.
JOURNALIST: Should it be removed right now?
PRIME MINISTER: Well, ultimately, that’s a decision for the Premier. We don’t make those decisions at the Commonwealth level. It premiers who decide, you know, to shut cities down, or open them up. Not the Commonwealth Government. It’s premiers who decide whether to mandate vaccines or not mandate them. They’re not decisions the Commonwealth Government makes.
Is Australia ready to face Covid truths?
On 19 March 2022 I attended a protest outside the prime minister’s humble abode in Sydney. I would estimate the crowd on this showery day at somewhere between 300-500 people. The event was noisy, entirely peaceful, and completely ignored by the media.
Two days later I attended another protest, this time outside the New South Wales Parliament House. Again it was noisy and peaceful. This time there were a few journos loitering among the over 500 strong crowd, perhaps because a few politicians were speaking. Let’s say the output of these journalists didn’t exactly raise the standard of reporting on Covid – no surprises there.
But why still protest at all? Didn’t we have freedom day? Isn’t everything hunky-dory again – more or less?
On a personal level, my parents are both turning 80 this year, my sister 50, but there is no sign that the government will lift the ban for the unvaccinated any time soon so that I could travel overseas to partake in these celebrations. And thousands of other Australians are in the same situation.
While over 95% of Australians might think they pretty much have their old lives back, for a small minority, this is decidedly not the case – a minority that could easily be forgotten in a brainwashed binary society that has decided that: jab = good, no jab = bad.
No matter the increasing evidence from around the world that these jabs are somewhere between pretty much useless to outright dangerous.
In Australia, the mass hysteria continues to be nourished by governments and the mainstream media – with the spectre of new spin-off versions of the incredibly non-deadly deadliest virus ever created, and by maintaining mask mandates on public transport, the only conceivable purpose of which is to remind the plebs: “it’s not over – and we’ve got you muzzled and on your knees”.
Sadly, most people dutifully continue to submit to the governments’ ridiculous laws and regulations.
The fight against all this Covid nonsense must continue.
Whilst I enjoyed these latest protests overall, and I don’t doubt the organisers’ good intentions, on further reflection, I feel disappointed. There is a lot of shouting, but little substance. There is nothing that might possibly inform or convince someone (including a politician) who is perhaps not quite sure about this Covid thing. There is no concrete calling out of the medical disinformation and misinformation that the governments and the media are showering us with.
Sure, preaching to the converted in this way is fine too – it can provide a sense of community and demonstrate we’re not going to allow the government to pull the wool over our eyes. But you don’t need to do that in front of parliament houses, especially when in my view some of the speakers are potentially doing nothing more than fueling the media’s primitive image of those who are critical of senseless government measures.
I think we need to do more. We, the people who have not lost our critical thinking hats during this Covid mayhem, have to call out the precise reasons why we oppose government measures, and we must also ask for specific actions.
Perhaps Australia isn’t ready yet, but I’m saying it anyway: at this point we have to push for three things to prevent this kind of calamity we call Covid from happening again.
- We need a Royal Commission. Some kind of rubbishy parliamentary inquiry won’t do, because the vast majority of parliamentarians from all persuasions have failed us miserably from day one.
We need a full royal commission with wide-ranging terms of reference, so that every closet will be opened, every carpet will be removed, every swamp will be drained, and bright lights will shine on every dark corner of this sad and sorry saga. These politicians, our employees that are supposedly serving us, have been taking us for fools. Their ineptness and incompetence must be exposed, and this demagogic, undemocratic nonsense must stop for good. A royal commission would be a necessary first step at least. - Some of our state and federal laws must be overhauled.
Why on Earth would we give a handful of panicked and hapless Ministers and their hand-picked unelected careerist henchmen the unfettered dictatorial powers that they have been using and abusing for two years now? It has proven to be a recipe for disaster.
Laws that allow an entire nation to become essentially a prison island for two years simply at the say-so of a Minister who doesn’t have to produce a shred of actual evidence is preposterous and undeserving of a democratic and free society.
The same goes for the absurd laws and regulations that essentially introduce compulsory vaccination with experimental drugs through the back door.
To be fair, probably nobody anticipated anything like what we’ve experienced when the current Biosecurity Act 2015 or the various current state and territory Public Health Acts were drafted. And probably none of the then parliamentarians even read those problematic provisions (they hardly ever do, they just vote along party lines).
But it’s in our hands to redraft those laws and make sure there is transparency and proper accountability, and that our human rights and freedom are respected and maintained, even if there were a real crisis.
How about an Australian Bill of Rights? I think that’s worth reconsidering, seeing our Constitution is so utterly useless in protecting us from government overreach. - No pandemic treaty!
We cannot allow any Australian government to sign up to the upcoming WHO treaty. Treaty? What treaty? Well, whilst the easily distracted media are busy reporting on the conflict in the Ukraine, the WHO is just as busy cooking up its next evil scheme, in concert with the usual suspects.
Yes, a pandemic treaty is in the works, with the aim of unleashing it on the world by 2024. Since you won’t find anything about this in the mainstream media, you might want to read up on the progress so far here.
I would not be surprised if that treaty would turn upside down all previous sensible pandemic plans. Instead, such a treaty could enshrine the use of lockdowns and mask wearing at the first sign of an alleged new virus, prescribe total censorship of any and all questioning voices, make compulsory 24/7 tracking of the entire world population, and the only allowable medical countermeasure could be these supposed mRNA vaccines, complete with mandatory digital vaccine passports.
Such a treaty would undermine individual countries’ sovereignty, and along with this our democracy and freedoms would take another huge blow.
We must continue to say no, and we must make specific demands – loudly, but clearly and intelligently.
It’s all covid-sense
It was always clear for UK health authorities at least – Covid-19 was not going to be a public health catastrophe. It appears the only reason why the UK Government still went along with the Covid madness was to please the WHO.
Covid is over – it’s time to move on
After two years, I declare Covid over, at least for me. It’s time to move on.
Over the last two years, I dedicated many hours reading, researching, and writing on my own blog about Covid. I sensed that something was going horribly wrong in our society. I simply had to speak out against the obvious lies and deceit, the inhumanity and injustice that governments with the full and unquestioned support of the media have been inflicting on each and every one of us.
But enough is enough. After spending two years of my life trying to understand and analyze what I soon recognized as some form of mass psychosis, it’s time to leave this ridiculous Covid nonsense behind me as much as I can. I refuse to be consumed by it any longer.
I am satisfied that overall the Covid narrative is very slowly shifting, even in the mainstream media.
It’s almost comical to observe how history is carefully being re-written by and for those who have so much to answer for.
The truth behind the big Covid fraud is very slowly bubbling to the surface, and I’m reminded of a sentence Charles Mackay wrote in his 1841 book Extraordinary Popular Delusions and the Madness of Crowd:
Men, it has been well said, think in herds; it will be seen that they go mad in herds, while they only recover their senses slowly, and one by one.
I want to write about what I have learned about myself, others, and the world in general over the last two years.
25 ways to feel great during COVID
Satire trigger warning: This text may offend some most people.
We’ve had a rough two years, so it’s all the more important that we remind ourselves how we can still feel really good about ourselves in these Covid times. Below some suggestions:
- Avoid leaving your home unless absolutely necessary. There are few excuses these days, thanks to the internet. The only good reason to leave your home is to get jabbed.
- When you’re waiting for a lift, and the door opens and there’s already someone in there, wag your index finger at the person to indicate you wouldn’t go in there if your life depended on it.
- If you are the person who’s already in the lift, make sure you stand right by the door to indicate to anyone else who wants to enter the lift that you’re not happy to have company. If they rudely insist on entering the lift with you anyway, and you don’t feel confident to tell them to bugger off, then jump backward and stand in a corner as far away from the intruder as possible, facing away from them, grumble and put on an extra mask or two. That way you protect yourself maximally, and you provide that so-called person a much-needed lesson in social etiquette.
- Make a big detour around people you pass on the footpath – better safe than sorry. Remember, everyone’s an enemy, and you want to make sure that the others know that you know that. And as you’re approaching, make sure to demonstratively mount a mask, or two, or three.
- Wear three masks, not just one or two. Consider adding a visor too. Wearing any kind of glasses is also advisable. And gloves, of course. At this stage putting a plastic bag over your head is not recommended, even if it is see-through. Peer-reviewed scientific studies have shown that this may cause death.
- Remember to always follow the science. If you’re not sure what the science is, just listen to the government, or the media will happily repeat the government’s message too, so you can always rely on them.
- Make sure you scan every QR code you encounter. I’ve heard it’s going to become an Olympic sport at the next Games. Practice makes perfect.
- Show the virus just how much you hate it by even wearing a mask when you’re in a car by yourself, or in the office by yourself, or at home by yourself, or in nature, or in the desert.
- If you must mix with the great unwashed and use public transport, don’t touch anything, don’t sit next to anyone, don’t look at anyone.
- If you need to press any buttons, do so with your clothed elbow or your knee (if you’re wearing long pants or knee protectors), or a long object. Afterwards, wipe said touchpoints vigorously with a disinfectant wipe for several minutes.
- If you see an elderly person fall over, refrain from assisting. They might have Covid or you might give it to them and then you’re to blame and you don’t want either. The best thing to do in such situations is to call 000 right away and leave the scene as you don’t want to start forming a crowd.
- The new national sport is car queuing in front of a Covid testing centre. Honk loudly if anyone tries to push in. Honk if you think you have to wait too long. Honking will delight those living along the route the queue takes, often covering many kilometres. Honking is good for the soul.
- Whinge about never-ending Covid in Zoom conferences. Make sure to cover the latest cases, cases, and more cases. You should also ask everyone about their vaccination status and show off your own. Don’t forget to highlight how you’re following all the rules and so many others just don’t. You will feel 100 times better afterwards for sure.
- Laugh heartily with others (via phone or Zoom, of course) about blatantly contradictory and non-sensical Covid rules – and then follow them dutifully anyway. This makes you an undisputed Covid hero.
- Ride every possible panic wave and hoard like there’s literally no tomorrow. That way you know you’re part of the in-crowd. There is no fuzzier feeling than knowing that we’re all in this together!
- Sanitise your hands at least 20 times a day. The more times the better really. Dispensers are liberally distributed throughout the country, so there are no excuses.
- When you’re sanitising your hands, make sure everybody sees you do it. Plant yourself in front of the dispenser, wave your arms wildly for about 10 seconds, squirt several portions of sanitiser on your hands, and then hold out your arms out in front of you wringing your hands together, gleefully smiling (under several layers of masks of course).
- If you must meet someone in person, make greeting them as awkward as possible. Above all, resist the temptation to accept a handshake, should anyone attempt such a medieval act.
- Make up a new greeting. How about the “bum bump”?
- Give a “friend” or “relative” who is critical of the government’s measures a tin-foil hat as a Christmas or birthday present.
- Hate an anti-vaxxer. Add an extra x for exxxtra effect, and add a couple of extra expletives, so, for example: Bloody rotten lousy selfish disgusting idiotic irresponsible anti-vaxxxer
- Never ever miss a news update from your favourite mainstream news channel. It’s your patriotic duty to watch these. By now you should have alerts set up, so you can’t possibly miss any updates from your beloved state or federal leader or Chief Medical Officer. Whenever they appear on TV, make sure you’re kneeling.
- Send a loved one who is on their death bed a heart-felt message explaining that you would have come but you’re scared of killing them with Covid – that will surely make their passing a much more pleasant experience – and you’ve done all you can and don’t have to feel guilty.
- Dob in a neighbour, friend, colleague, or even a stranger for not adhering to some government health directive, for example: not wearing a mask, not keeping their distance, having a gathering with too many people. There’s plenty to choose from. Remember, this will be good practice for when, a few years from now, you will receive social credit points for such good deeds.
- In the meantime, you can sign up for your very own Covid Rewards Card and take up a free Covid Vaccine Subscription.
Some more Covid logic
Germany’s new national health minister Karl Lauterbach has been a constant presence on German TV throughout the Covid scamdemic, featuring in many talk shows, fear-mongering at every opportunity. He is, of course, a staunch advocate for mandatory vaccination, which is being discussed right now.
On 19 January 2022 he said on the ARD’s national news show Tagesschau:
I believe, that doctors should vaccinate everybody…those who want to get vaccinated because they want to adhere to the vaccine mandate, and those who want to get vaccinated quite voluntarily. Nobody is vaccinated against their will. Even the vaccine mandate results in people ultimately getting vaccinated voluntarily.
https://www.youtube.com/watch?v=uWvE7RqllEA, translation mine
Seriously? By the way, this statement is not that easy to find on the internet. In normal times one would expect such blatantly nonsensical and moronic statements to be splashed all over the news channels.
Once again, because it is so beautiful, and this time in the original German:
Ich glaube, dass Ärzte jeden impfen sollten. Derjenige, der geimpft werden will, weil er der Impfpflicht nachkommt und denjenigen, der sich ganz freiwillig impfen lassen will. Es wird ja niemand gegen seinen Willen geimpft. Selbst die Impfpflicht führt ja dazu, dass man sich am Schluss freiwillig impfen lässt.
Covid legal proceedings in Australia
This post is updated and re-posted with the latest publication date as new information comes to hand.
The executive and legislative powers of government, as well as journalism, have been wiped out by the current mass psychosis called Covid. Will the judiciary re-inject some commonsense and humanity back into our society and halt the slow but steady slide into totalitarianism? This blog post deals with some major legal developments in Australia, starting in September 2021:
- The Australian Vaccination-Risks Network Federal Court case
- The Palmer Queensland Supreme Court case
- The Smit Federal Court case
- The CFMEU v BHP (Mount Arthur) Fair Work Commission case
- The Larter NSW Supreme Court case
- The Harding Victorian Supreme Court case
- The Queensland Nurses Federal Court case
- The Johnston Queensland Supreme Court case
- The Dunn Tasmanian Supreme Court case
- The Cetnar Victorian Supreme Court case
- The Davis NCAT case
- The Kassam/Henry NSW Supreme Court cases
- The Can NSW Supreme Court case
- The Hocroft NSW Supreme Court case
- The Naumenko NSW Supreme Court case
- The Kimber Fair Work Commission case & aftermath
- The LibertyWorks Federal Court case
- The Graffunder Queensland Industrial Relations case
German court suspends discriminatory law
Below is the translation of a media release of a German court of 16 December 2021. The court stepped at least partially outside the official narrative by deciding to suspend a law (at last for now) that only allowed those vaccinated against Covid and those who can prove they have recovered from Covid enter non-food retail stores commencing on 2 December 2021.
This decision is significant, especially as Germany‘s legislature will soon discuss the introduction of compulsory Covid vaccination for the general public, something that has already been flagged by the Austrian government.
The decision will be published in full here. I used DeepL to translate the original text of the media release, with minor adjustments.
Temporary suspension of the 2-G regulation in the retail sector
The 13th Senate of the Lower Saxony Higher Administrative Court, in a decision issued today, provisionally suspended Section 9a (1) and (2) sentences 1 to 3 of the Lower Saxony Ordinance on Infection Prevention Protective Measures to Contain the Coronavirus SARS-CoV-2 and its Variants of November 23, 2021, as last amended by Ordinance Amending the Lower Saxony Corona Ordinance of December 13, 2021 (hereinafter: Corona Ordinance) (Ref.: 13 MN 477/21). This legal regulation orders a prohibition of access in certain businesses and facilities of the retail trade for customers who have neither a vaccination certificate nor a proof of health (so-called 2-G regulation in the retail trade).
An applicant, who also operates retail stores with a mixed range of products in Lower Saxony, objected to this regulation by filing a motion for a judicial review, claiming that the infection protection measure was not necessary and was also incompatible with the general principle of equality.
The 13th Senate essentially agreed with this. The 2-G-regulation in the retail trade in the concrete design according to § 9a para. 1 and para. 2 sentences 1 to 3 of the Corona Ordinance is currently not a necessary protective measure. The suitability for achieving the infectious disease objectives is already reduced by the numerous exceptions in Section 9a (1) sentence 2 of the Corona Ordinance, which are unquestionably necessary. In the retail food trade alone, which is not covered by the 2-G regulation, the vast majority of daily customer contacts take place. The necessity is also doubtful. The Senate had already complained several times that reliable and comprehensible findings on the actual infection relevance of the events in the retail trade were missing. It was not evident that research into infection environments had also been intensified by the state of Lower Saxony in order to increase the accuracy of the protective measures. A simple transfer of findings on the events in closed rooms of sports and leisure facilities (cf. press release No. 62 of 10.12.2021) does not suggest itself in view of considerable differences to the events in the retail trade. In any case, the latter would appear to be regularly characterized by a shorter dwell time of customers, a lower customer density, a lower number of direct personal contacts (face-to-face), lower physical activities and a better enforcement of hygiene concepts. In addition, as in many other everyday situations, customers could be required to wear FFP2 masks in retail settings. According to recent findings, respirators of this level of protection – assuming proper use of the mask, which can certainly be enforced in retail establishments and facilities – are likely to reduce the risk of infection to such an extent that it can almost be neglected. In its ControlCOVID strategy to prepare for the fall/winter of 2021/22, the Robert Koch Institute does not envisage the exclusion of unvaccinated customers from the retail trade, even for the highest warning level. The Corona Regulation, on the other hand, orders the 2-G regulation already from warning level 1, which is characterized by a mild infection incidence. Even at the currently applicable warning level 2, the legislator considers the incidence of infection to be controllable. The 2-G-regulation in its concrete formulation by § 9a para. 1 and para. 2, sentences 1 to 3 Corona-VO only makes a very small contribution to the reduction of such an infection. This could be reduced by a FFP2 mask obligation to a level irrelevant for the occurrence of infection. In contrast, there would be considerable interference with the fundamental rights of unvaccinated customers and business owners. In this relationship – controllable infection incidence, low effect of the infection protection measure and considerable encroachment on fundamental rights – the 2-G regulation in the retail trade currently proves to be inappropriate. The new Omikron variant also does not require a different evaluation – when objectively considering the current state of knowledge known to the Senate or presented by the state of Lower Saxony.
The 2-G-regulation in the retail trade in the concrete design according to § 9a para. 1 and para. 2 sentences 1 to 3 Corona-VO is also not compatible with the general principle of equality. There were no discernible objective reasons why, for example, garden center goods, floricultural goods including goods from the horticultural retail trade and goods for the repair and maintenance of electronic equipment should be included among the “goods for daily use or for the basic supply of the population” exempted from the 2-G rule, while DIY stores remained subject to the 2-G rule without restriction.
There are no serious public interests that would prevent the temporary suspension of the regulation, which is likely to be unlawful thereafter. Taking into account the infection protection measures taken in the previous Corona ordinances and the current infection situation in the state of Lower Saxony, the 2-G regulation in the retail sector is not an essential component in the strategy of the state of Lower Saxony to combat the pandemic. This also does not follow from the decisive political determination in the meeting of the Federal Chancellor with the heads of government of the federal states on December 2, 2021.
The abrogation of the so-called 2-G rule in the retail sector does not only work in favor of the applicant in these proceedings. Rather, it is generally binding throughout Lower Saxony.
The decision is non-appealable.