Restriction of the Licensing Practice for Foreign Dancers in Nightclubs

Facts

On June 19, 1995, the Department of Economic Affairs and Police of the Canton of Appenzell A.Rh. issued joint guidelines on the licensing practice for foreign artists, musicians, acrobats, dancers, and disc jockeys. According to these guidelines, residence permits for dancers in nightclubs or similar establishments whose performances serve erotic entertainment will only be granted to nationals of EU or EFTA states.

Rudolf Kreis, the owner of the Cabaret Rebluus in Tobel, and five other operators of nightclubs in the Canton of Appenzell A.Rh. filed a constitutional complaint against these guidelines.

Considerations

The Federal Court did not enter into the constitutional complaint, as the complainants were not affected in their legally or constitutionally protected interests by either individual decisions or the contested guidelines.

The Federal Court stated that the competent authorities decide on residence permits within the framework of the legal provisions and the treaties with foreign countries at their own discretion. The Ordinance on the Limitation of the Number of Foreigners merely sets the formal and material limits that the cantons must observe when issuing residence permits, but does not establish a legal claim.

Neither the general prohibition of arbitrariness under Art. 4 of the Federal Constitution nor the freedom of trade and industry under Art. 31 of the Federal Constitution provide the complainants with a…