Notes: VG - Verwaltungsgericht - Administrative Court --- VG - 4 K 758/93 - Scientology Community of Freiburg - complainant in the matter of The complaint is dismissed. The complainant objected to the accused's ordinance by which the
complainant was denied use of public land the the The complainant is not a registered association. The complainant is a
legally self-sufficient mission of the internationally operating
Scientology Church. The purpose of the association is the dissemination
of the belief of Scientology as corresponds to the teachings of L. Ron With its letter of November 28, 1991, the accused made the "Dianetic Counseling" in Freiburg aware that its activities were viewed as commercial activity and that advertising on the street was an illicit special use. ... Upon that, the complainant's court representative announced to the accused that he represented the Dianetic Information Center of the Frieburg Scientology Community, and presented his case that accosting pedestrians by its missionaries was recruitment for a religious denomination which was protected by Art. 4 of Basic Law. He said that was not commercial activity. A meeting subsequently took place. .. On January 28, 1992, the accused issued an order which prohibited the
complainant, the complainant's members and Dianetic Counseling staff
from accosting pedestrians on public rights-of-way in Freiburg and
inviting them in for an informational or sales talk or to take a
personality test in their offices. The order was made effective
immediately, with a fine possible for violations. The basis of the order
stated that the complainant's activity, on the whole, was commercial
Accosting pedestrians on the street was a special use of public
right-of-way for which no permit existed. Neither was there a prospect
of getting such .. There was said to be no conflict between this decision and Art. 4 of
Basic Law which guarantees freedom of religion. Even though the members
of Scientology regarded their activity as missionary work, and the
status of Scientology was partially acknowledged in literature and legal
decisions .. This verbal approach of pedestrians on the street constitutes a
special use which is not permitted for the complainant nor for
comparable organizations in Freiburg. |