From July 2021, amusement arcades in Baden-Württemberg cannot be located within 500 metres of children's and youth facilities. This distance requirement also applies to the premises themselves. If a casino is too close to a school, kindergarten, etc., it will not be allowed to offer games of chance. or does not have sufficient distance to its competitors, it will receive a letter from the Administrative Court of Baden-Württemberg. These regulations have already forced some casinos to close their doors. However, two operators do not want to go that way. Following a complaint, they have been vindicated for the time being!

The new State Gaming Act came into force on 1 July 2021. Among other things, it clearly regulates the location requirements for casinos: On the one hand, such establishments in Baden-Württemberg must maintain a minimum distance of 500 metres from each other. On the other hand, the same distance is required from children's or youth facilities such as schools or youth centres.

These distance requirements alone have forced many arcades to close in recent months. But not all of them have accepted their „fate“.

500 metre requirement for existing arcades acceptable?

With the legal validity of the Provincial Gaming Act and the 500-metre rule, the following question arose relatively quickly among the owners of gambling establishments:

„Can the law even be applied to pubs that existed long before the new regulations?“

Two casino operators from Albstadt (Zollernalbkreis) and Mosbach (Neckar-Odenwald-Kreis) filed complaints.

As in many previous cases, the Administrative Court of Baden-Wuerttemberg ruled in their favour and ordered them to close their premises because they did not comply with the required minimum distance. The appeal was at least partially successful, mainly on the basis of the protection of legitimate expectations for long-established casinos.

The legal protection of legitimate expectations applies to casinos that have been in existence for many years

The Gaming Act clearly provides for a so-called protection of legitimate expectations for long-established casinos. This therefore concerns gaming establishments that were already in operation before the minimum distance regulation came into force. These establishments should be allowed to continue operating, at least for a transitional period.

However, the Administrative Court ruled out the hardship clause. According to the complaint of the casino owners, the protection of legitimate expectations could not be regarded as sufficiently guaranteed: The Constitutional Court of Baden-Württemberg is convinced of this. The court also found a violation of the right to equal opportunities. The cases will now be heard again by the Administrative Court.

What does the protection of legitimate expectations mean for arcades?

As is so often the case in the German legal jungle, the question of the protection of legitimate expectations is not so simple. It can be applied to different areas and has quite different results. Fundamentally, it is a constitutional principle. It protects citizens' confidence in the stability of the law.

Citizens should be able to rely on the fact that behaviour based on a certain legal situation will not be judged differently after a change in the law: With regard to the current issue of the distance between arcades, this means (to put it simply) that the premises in question, which were legally positioned before the law was changed, should actually continue to be so.

More complaints on hold

The two casino operators from Albstadt and Mosbach can hope for a reprieve. Their premises can remain open, at least for the time being. However, they are no longer the only ones who find the new law inconclusive.

At the beginning of March, 15 more objections had been received from all over Baden-Württemberg. The complainants are eagerly awaiting the rehearing of the potential precedents. Will the companies be allowed to continue operating, or provisionally, or not? The decision is likely to set a trend for similar cases throughout Germany.

Conclusion

Of course, it is easy to question the 500-metre rule as a whole. Do arcades really have such a strong attraction for children and young people that they should be removed from their daily focus? Wouldn't it make more sense to use other factors to regulate the density of arcades in cities? And would it not make more sense to enforce laws only on new establishments?

These and other questions could become legally very relevant in the future if the objections of the two operators from Albstadt and Mosbach are accepted. It is likely that many gambling house owners will seek to have these issues clarified in court in the event of closure decisions. This could (ideally) lead to a complete renegotiation of the 500 metre rule.

Have any arcades in your area had to close because of the distance rules? What do you think of the law?

Image source: https://www.pexels.com/de-de/foto/mann-paar-frau-spielen-5767459/

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