Diskriminierung wegen der sozialen Klasse durch Alkoholverbote?

Abstract

In Germany, police laws of the Länder contain regulations on banning alcohol in public places. Despite attracting the attention of legal scholars and courts, the issue whether alcohol bans discriminate on grounds of social class has been overlooked. The article examines this issue through the lens of homelessness. We begin by evaluating the legal basis for alcohol bans in Saxony, which was reformed in 2020. To address this question, we first examine the concept of “social class”, which though not explicitly recognised in the Basic Law, is closely linked to the listed characteristic of “origin” and is, in any case, protected by the general principle of equality. Finally, besides emerging in individual cases, we demonstrate why current legislation already creates potential for discrimination through indeterminate legal terms.