Facts
The Federal Court had to decide on a complaint by various organizations and private individuals against the amendment of the Lucerne Police Act (PolG/LU). The amendment provided that organizers and participants of demonstrations where violence was used against persons or property must bear the costs of the police operation. The complainants argued that this regulation violates the freedom of expression and assembly and could have an inadmissible deterrent effect.
The amendment to the PolG/LU was adopted by the Lucerne Cantonal Council on June 25, 2015, and came into force on January 1, 2016. The complainants requested the repeal of § 32b PolG/LU, which regulates the cost liability of organizers and participants.
Considerations
The Federal Court examined the constitutionality of § 32b PolG/LU and came to the conclusion that the regulation is constitutional insofar as it provides for the cost liability of organizers who have intentionally or grossly negligently failed to comply with their permit conditions. However, the court found that the regulation providing for the cost liability of participants who were involved in the violence violates the principle of equivalence, as it does not provide for differentiation according to the specific disturbance contribution.
The court emphasized that the freedom of expression and assembly are important fundamental rights, but they are not unlimited. It is permissible to obligate the organizers of demonstrations to bear the costs of the police operation if…