Facts
On 14 October 2020, the Cantonal Government of Schwyz issued an ordinance with measures to combat the Covid-19 epidemic. This ordinance was subsequently amended several times and included, among other things, a general ban on events with more than 10 or 30 persons. A. and B. filed a complaint against this ordinance with the Federal Supreme Court. The Federal Supreme Court dismissed the complaint, insofar as it entered into it.Considerations
The Federal Supreme Court states that the general ban on events with more than 10 or 30 persons contained in the ordinance constitutes a severe restriction of the freedom of assembly. However, this restriction may be permissible under Article 36 of the Federal Constitution if it is based on a legal basis, serves a public interest, and is proportionate.
The Federal Supreme Court considers the legal basis to be given in the present case, as Article 40 of the Epidemics Act grants the cantons the competence to order measures to prevent the spread of communicable diseases, such as event bans. The Federal Supreme Court also considers the proportionality of the measures to be fulfilled. It acknowledges that the restriction of contacts between persons is generally suitable to reduce the transmission of SARS-CoV-2 and thus the spread of Covid-19. Furthermore, it grants the competent authorities…