It’s only illegal if intended to counteract identification by police and, alas, they have a good argument that that’s not the reason why they’re masked: They want to avoid identification by antifa.
Of course the whole thing in principle applies in reverse, but tough chance not getting the whole counter-protest confused for a black bloc then. Much better in these instances to keep it peaceful anyway so you get maximum participation of the general population, numbers very much trump bruises when it comes to Nazi egos. If possible, go for straight humiliation.
The specific law does not specify against whom the masking may or may not be targeted at. It expresses a general ban on masking yourself at most public gatherings.
“in einer Aufmachung, die geeignet und den Umständen nach darauf gerichtet ist, die Feststellung der Identität zu verhindern”. “Identitätsfeststellung” is an official act. If that is too fuzzy, have a look at the context which this is an extension to (“it is also forbidden”), and that is “Vollstreckungsmaßnahmen eines Trägers von Hoheitsbefugnissen abzuwehren”. And if that wasn’t clear enough have a look at jurisprudence which interprets the law in the sense “targeting at preventing identification by police”.
Also have you ever seen someone arrested just for wearing a clown costume.
And who knows maybe the police even identified every single Nazi before they started marching.
Also have you ever seen someone arrested just for wearing a clown costume.
Nope, but that might be because 17a (3) says it does not apply to common public festivals, which Carnival certainly belongs. Also, there is no general ban on masks in public. Only at gatherings.
It’s only illegal if intended to counteract identification by police and, alas, they have a good argument that that’s not the reason why they’re masked: They want to avoid identification by antifa.
Of course the whole thing in principle applies in reverse, but tough chance not getting the whole counter-protest confused for a black bloc then. Much better in these instances to keep it peaceful anyway so you get maximum participation of the general population, numbers very much trump bruises when it comes to Nazi egos. If possible, go for straight humiliation.
The specific law does not specify against whom the masking may or may not be targeted at. It expresses a general ban on masking yourself at most public gatherings.
“in einer Aufmachung, die geeignet und den Umständen nach darauf gerichtet ist, die Feststellung der Identität zu verhindern”. “Identitätsfeststellung” is an official act. If that is too fuzzy, have a look at the context which this is an extension to (“it is also forbidden”), and that is “Vollstreckungsmaßnahmen eines Trägers von Hoheitsbefugnissen abzuwehren”. And if that wasn’t clear enough have a look at jurisprudence which interprets the law in the sense “targeting at preventing identification by police”.
Also have you ever seen someone arrested just for wearing a clown costume.
And who knows maybe the police even identified every single Nazi before they started marching.
Fair.
Nope, but that might be because 17a (3) says it does not apply to common public festivals, which Carnival certainly belongs. Also, there is no general ban on masks in public. Only at gatherings.