7. People wearing face-masks in Vienna public transport will have to pay a fine. Fake or not?
Beginning of March 2023, Twitter was buzzing with the news about the new law in the City if Vienna that as of March 1, people with the face masks in the metro, will have to pay a fine of 150 Euro. Tweet by @PrisonPlanet that was seen by nearly 400K people, and opened huge debate and rooting by the covid deniers and anti-vaxxers. One Romanian news portal published this, misquoting Austrian Kurier news.
HOW CAN WE VERIFY THIS?
If you don’t have a medical certificate with you, you’re probably no longer allowed to wear a mask on public transport in Vienna – strictly speaking. It is a legal subtlety that the falter.at drew attention to in its morning newsletter on Wednesday: Strictly speaking, the ban on face coverings has also been in force in Vienna’s public transport since March 1st. As a reminder, the then ÖVP-FPÖ government implemented the so-called Anti-Face Covering Act (AGesVG) in 2017. Anyone who “covers their facial features with clothing or other objects” in public faces a fine of 150 euros. Since 1 October 2017 a ban on face coverings has been in force throughout Austria.
The Anti-Face Veiling Act is intended, among other things, to enable interpersonal communication, which is necessary for peaceful coexistence in a democratic, constitutional state. The law applies to everyone residing in Austria. The law – loosely known as the burqa ban, was primarily intended to prevent Muslim women from wearing a veil. However, it was only sanctioned in a few, mostly curious cases. The mask requirement during the pandemic made it obsolete for the time being. This act states that this is not an offense if “when coverings are worn for health reasons (such as to protect against infection, air pollution or weather-related factors), for example wearing protective face masks that cover the mouth and nose, respiratory masks; Covering the face to protect it against frostbite.”
WHAT ARE OTHER SOURCES SAYING?
Quick search through some mainstream Austrian media, such as Kurier who reported on this issue on 27.02.2023. and again on 8.03.2023. They do report on the legal subtleties of the Anti-Face Covering Act, but they also clearly report that it won’t be considered an offense. According to the German magazine Der Spiegel, the Austrian government is looking for a way around the current problem for those who wish to keep wearing masks on public transportation, and the Interior Ministry has asked police to show leeway to those wearing masks. “In the application of the AGesVG, the police will intervene proportionately, especially in the coming months. If the person can make a health justification credible, there is no administrative offense,” the ministry said. Vienna International News report that those who want, should continue to wear a mask, according to city hall. Even if the infection numbers rose again, no further increase is expected. Thus, it is justifiable to do without the mask on the public transport system, according to ORF. Also, according to ORF, transportation companies can still require a mask as part of their house rules. However, neither Wiener Linien nor OEBB intends to do so. The Wiener Linien say that they are adhering to the requirements of the respective ordinances, and no fines will be imposed to either those wear or not wear masks.
FAKE OR NOT?
This was indeed a fake news, easily debunked! You can keep your mask on if it makes you feel safer!
