In the Thuringian state parliament, members of the AfD, CDU and FDP together passed an amendment to the arcade law – and thus triggered outrage in the red-red-green coalition. Left parliamentary group leader Steffen Dittes said on Wednesday that it was the first law in this legislature whose passing was dependent on votes from the AfD.
Economics Minister Wolfgang Tiefensee (SPD) had warned before the vote on Tuesday against an adoption, also for reasons of content. “Our legal opinion is that this means that from May 1st, 2023, all arcades for which no special permit can currently be granted would have to be closed,” Tiefensee said in the state parliament.
The bill was introduced by the parliamentary group of the FDP. It is intended to “close room for interpretation, ensure the application of distance privileges and ensure legal clarity in the application of the law,” the draft law said.
FDP group leader Thomas Kemmerich said in the direction of the government factions: “Maybe we’ll do what we believe and not what you want.” Tiefensee said that without a transitional arrangement, any arcade that is operated without a permit is illegal and falls under the criminal offense of the illegal gambling would fall.
The background is that arcades need a specific certification, but there is still no accreditation body. Tiefensee explained that the Thuringian arcade ordinance provides for special permits. This transitional arrangement expires at the end of April 2023. Tiefensee said before the state parliament decision that the FDP group’s draft law provides for the deletion of the authorization basis for the enactment of the arcade ordinance.
A spokesman for the parliamentary group of the FDP argued on Wednesday that the existence of a special permit is not decisive, but that this permit only has to be applied for by April 30th. “Proof of application entitles to further operation,” said the spokesman. The amended law now creates legal certainty for this.
A spokesman for the Ministry of Economic Affairs, however, contradicted: “The FDP is subject to a mistake here.” Accordingly, the application for the exemption requires the initiation of a certification process. Without a test center, no special permit can be applied for. Even if you do not share this legal opinion like the FDP, it is clear that there are legal uncertainties. “For that reason alone it would have been important to have the opportunity to extend the toleration period beyond April 30th in the arcade ordinance.” to be able to extend,” said the spokesman. However, this is no longer possible because the authorization to issue ordinances in the Thuringian arcade law has been deleted. “So the law that has now been amended does not create legal certainty, but – and that is completely unnecessary – legal uncertainty.”
Dittes said that the AfD, CDU and FDP wanted to “completely deregulate” the arcade area. “They have now introduced a law that will lead to considerable legal disputes from May 1st.” According to the legal opinion of the supervisory authorities, the exemptions granted would then expire. “Against all warnings, a miserable law” was passed that would lead to more legal uncertainty.
