Facts
On September 25, 1994, the eligible voters of the City of Zurich approved the "Regulations on Parking and Parking Meter Control Fees". These regulations provided that parking for more than 30 minutes in the city center and in the center of Oerlikon is considered an increased public use subject to fees. The Limmatquai Business Association and the Touring Club of Switzerland, Zurich Section, filed a constitutional appeal against this municipal resolution.
The City of Zurich also filed a constitutional appeal, as the Cantonal Government Council of Zurich had partially revoked the city's resolution. The Cantonal Government Council was of the opinion that there were also blue zones within the designated city center area where free parking for up to 90 or 180 minutes was allowed, which led to unequal legal conditions.
Considerations
The Federal Supreme Court dismissed the appeals of the Limmatquai Business Association and the Touring Club of Switzerland and upheld the appeal of the City of Zurich.
It stated that according to Art. 37 para. 2 of the Federal Constitution, freedom from fees only applies to traffic that is compatible with the public interest or traffic within the framework of general public use. Any use of the streets beyond that constitutes increased public use, the regulation of which falls within the competence of the cantons (or municipalities). The Federal Supreme Court considered it permissible to regard parking for more than 30 minutes in urban center areas such as the city center of Zurich as increased public use and to levy fees for it.
Furthermore, the Federal Supreme Court stated that the principle of legal equality has only a mitigated significance in the…