Time and time again, people are denied entrance to clubs because of racist stereotypes. Such cases have occurred frequently in the recent past and have become known to the general public. These cases also came before multiple courts. The Federal States Lower Saxony and Bremen have reacted and introduced fines to those who violate the prohibition of discrimination in clubs and eateries. In accordance with § 11 (1) no. 14 of the Lower Saxony Catering Act, anyone who, as the operator of “a catering service, discriminates against someone on the grounds of ethnic origin or religion when deciding whether to admit them into a club or serve them, is in breach of regulations.” This entails a fine up to 10,000 Euro.

According to this regulation, the prohibition only extends to the scope of nightclub business and is confined to the categories of ethnic origin and religion.

In Bremen, the norm of § 12 (1) No. 15 Bremen Catering Act(in German) is wider in scope of application. According to this Act, not only are the categories of ethnic origin and religion protected, but beyond that, discrimination based on disability, sexual or gender identity or ideology is prohibited. Not only are nightclubs covered, but all forms of catering business.

As such, it is also forbidden to discriminate against persons in restaurants, bars and pubs on the basis of the aforementioned characteristics.

The catering law falls within the legislative competence of the Federal States (Länder). Therefore, the BUG advices the Federal States that have already enacted their own catering law, to include the corresponding regulations in their catalogues of administrative offences. Since the Federal Catering Act continues to apply to those Federal States that have not yet enacted their own catering law, this should be done at the federal level as well. Here the administrative offences are regulated in § 28of theCatering Act(in German). They should be supplemented with the prohibition of discrimination.

The advantage of such a regulation entails that an authority, and no longer a private person, can file suit for discrimination. For instance, this would be the case when the authority would learn about a discriminatory practice due to a tip off, the media or while exercising their supervisory duties.

In the process, other characteristics such as disability and sexual and gender identity could be included since discrimination on these grounds can also occur in eateries.