No sleighs for JewsIf convicted, the tenant will probably get off with a fine
The tenant of the Pischa mountain station in Davos has banned Jewish guests from renting sledges in a notice. A legal expert expects a lenient sentence if convicted.
When renting sledges and other snow sports equipment, the tenant of the Pischa mountain restaurant in Davos posted a letter. “Due to various sad incidents, including the theft of a sled, we no longer rent sports equipment to our Jewish brothers. This applies to all equipment such as sledges, airboards, ski jacks and snowshoes. Thank you for your understanding.”
The Swiss Federation of Jewish Communities condemns the incident as anti-Semitic and says it will file a complaint in the next few days. Since it is an official offense, the Graubünden cantonal police have also started the investigation.
The lawyer Christian Lenz from the law firm Lenz & Caduff classifies what threatens in the event of a conviction:
Does the tenant have to expect a penalty?
Christian Lenz: A notice can constitute a violation of Article 261 of the Criminal Code. This is what is known as active discrimination. For example, the article criminalizes denying a person or group of people a service intended for the general public because of their religion. However, if there are objective reasons for the unequal treatment, a court would not impose a penalty.
What would be an “objective reason”?
An objective reason would exist, for example, if an association that supports non-smokers does not allow smokers access. Basically, the principle of freedom of contract applies. This means that the tenant has the right not to rent to certain people. Could the tenant justify the notice with an “objective reason”? Not in my opinion. In the case of such services, which can in principle be used by anyone, it is generally not permitted to use religion as a reason for not renting the property.
Even if there have been several incidents in which Jews did not behave?
No. Just because individual people may not have behaved in accordance with the law, it is not permissible to impute this fact to everyone else in a group.
What penalty does the tenant have to expect?
If the court convicts the tenant, I expect a similar punishment to that in the described case in Schwyz 1999. However, the case does not necessarily have to result in a conviction. Ultimately, it depends on the overall circumstances, for example what the exact background to the notice is and what those responsible were thinking.