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The Defender of Arbitrariness & Illegalities - CDU District Administrator Götz Ulrich and the Illegal Condition Notices for Demonstrations in the Burgenland District

Demonstrations for peace, freedom, and justice, among others, continue to take place regularly in the Burgenland district. When such demonstrations are registered in advance, the Legal and Public Order Office engages with the organizers and pieces together a condition notice.

Yet these condition notices contain regulations that make anyone with even a basic knowledge of the law ask: Is this incompetence or arbitrariness? Or both?

On 29.06.2026 in the district council, I put the following question to the CDU district administrator Götz Ulrich, who is beloved by many, precisely for this reason:

I now have another question, namely regarding the demonstrations in Zeitz. There were always condition notices from the Legal and Public Order Office that were riddled with illegalities and arbitrariness. And my question is why it is so important to you as district administrator to have so much, let's say, incompetence and arbitrariness sitting in the Legal and Public Order Office.

As sharp as the district administrator beloved by many is, he only said the following into the microphone:

District Administrator Götz Ulrich: That is an insinuation, which I reject. I really don't need to give any answer to that, other than to reject it as an insinuation.

I added that I had run one of the condition notices for a registered demo in Zeitz through artificial intelligence. This brought a smile to the face of the district administrator beloved by many and his adjutant, the district council chairman Andy Haugk. While AI is an important topic everywhere in the world and will replace jobs, the chief administrative officer Ulrich and the district administrator's protection officer Haugk obviously see things differently.

In the condition notice, it is explained on the one hand that the procession must take place on the sidewalk. On the other hand, vehicle drivers are required to have driver's licenses, etc. This raises the question of whether the vehicles should also drive on the sidewalk.

The district administrator beloved by many did not accept my offer to go through this condition notice together. His personal district administrator protection officer and district council chairman Andy Haugk cut off the topic with:

Did you now have a follow-up question to your second question, which I had still allowed?

ChatGPT says about the condition notice after a few seconds of review, among other things, the following:

The notice contains, in addition to many usual standard conditions, several points that appear legally challengeable. The following is an administrative and assembly law analysis based on the Basic Law, the Assembly Act of Saxony-Anhalt, the Administrative Court Code, and the case law of the Federal Constitutional Court.

Fundamental Problem of the Entire Notice

The biggest point of attack is not necessarily an individual condition, but the type of justification.

According to Art. 8 GG: Assemblies are fundamentally free. Conditions may only be imposed if there is an immediate danger, which must be specifically demonstrable, and milder means are insufficient.

This follows from § 13 VersammlG LSA and the consistent case law of the Federal Constitutional Court. However, the entire notice consists almost exclusively of standard text. Almost everywhere the following is missing: specific facts, specific danger forecasts, specific experiences with precisely this assembly, specific police findings.
Instead, formulations such as "preventively", "to maintain public safety", "could", "there is a risk" are used again and again. According to case law, this is regularly insufficient.

Immediate Enforcement (§80 Para. 2 No. 4 VwGO)

This is already the first significant error. The authority orders immediate enforcement for all conditions.

Justification: An objection could mean that the conditions do not apply. That is simply not enough. According to §80 Para. 3 VwGO, the authority must provide a specific justification for each immediate enforcement. Not with boilerplate text. Not generically. Not in general terms. Case law requires a case-by-case balancing of interests.

Here, however, it merely states: "...so that the fundamental rights of third parties are not impaired." This is unlikely to suffice in court.

Condition: Assembly Leader Must Be Constantly Present

This condition is formulated as if the leader must be constantly available to the police and the authority. However, the law only requires that the leader leads the assembly. Not that he or she is a permanent contact person for the police. This wording clearly goes beyond §7 VersammlG.

Obligation to Provide Stewards

Here it is demanded generically: one steward per 25 participants, at least two.

Problem: Why exactly 25 participants? Why not 30? Why not one? There is no justification whatsoever. The authority cites no facts. This means the number appears arbitrarily chosen. Courts regularly require a specific danger forecast.

This condition is also illegal. According to § 8 Para. 1 VersammlG LSA, the assembly leader may use voluntary stewards. The law does not provide for an obligation to appoint stewards. The authority is not entitled to impose tasks of hazard prevention on the assembly leader as a private individual, which it itself is obliged to fulfill. The condition lacks a legal basis.

Exclusively Sidewalk

It is simply ordered: "exclusively sidewalk". Why? No justification. No traffic forecast. No accident figures. No local peculiarities. No examination of milder means. Especially for vehicle convoys, the roadway would be the rule.

The Complete StVO List

The authority prescribes: driver's license, mobile phone ban, TÜV, insurance, license plates, HU, AU, etc. However, these are already legal obligations. An authority may generally not issue mere repetitions of laws as conditions. Because: A condition must introduce additional regulations, not simply repeat existing law. Several administrative courts have already criticized exactly such "reminder conditions".

Horn Ban

The argument here is: Continuous honking is not a permissible means of demonstration. This is by no means clear-cut. There is case law that honking can be part of the expression of opinion. Here, the authority would have to prove why a specific danger exists precisely for this demonstration. It does not do so.

Ban on "Z" etc.

The authority generically bans Z, V, Saint George's ribbon, Soviet flags, Luhansk, Donetsk, Crimea. This is likely problematic. Why? Not every use of these symbols is criminal. Criminal liability always depends on the specific individual case. The authority would have to specifically explain why this particular assembly can be expected to commit corresponding offenses. It does not. It merely refers generally to the Ukraine war. This is hardly sufficient for a total ban.

Alcohol Ban

Here too, any specific justification is missing. There are no indications that this assembly has ever been conspicuous due to alcohol. Again, only standard text.

Only Banners Matching the Assembly Motto

Who decides what "matches the motto"? This is completely vague. Moreover, the motto "Peace Freedom Justice" is extremely broad. Almost any political statement could fall under it. Or not. In this way, the authority creates a hardly controllable discretion.

Maximum 5 mm Thick Signs

Here, virtually any justification is missing. Why 5 mm? Why not 6? Why not 8? This seems completely arbitrary.

No Defamation

Problem: This is already criminal law. No additional condition is needed. The authority is merely repeating existing law.

Announce All Bold-Printed Conditions

This transfer in particular can be legally challengeable. The assembly leader is not an administrative assistant and not an employee of the Burgenland district. The law does not generally oblige the announcement or enforcement of administrative acts by the authority vis-à-vis third parties. The notice is directed exclusively at the assembly leader. The participants are not addressees of this administrative act. If the authority wants participants to observe certain obligations, it must generally ensure their enforcement itself. It can demand that the assembly leader cooperates organizationally, but it cannot completely shift its own enforcement responsibility onto the assembly leader.

What happens if someone joins five minutes later? Or if a participant does not hear this announcement? Or if a passerby spontaneously joins? Assembly leaders cannot guarantee that every participant actually becomes aware of all conditions. An obligation that is objectively not fully fulfillable can be disproportionate.

The condition effectively obliges the assembly leaders to take on sovereign announcement and enforcement tasks of the assembly authority vis-à-vis third parties. No legal basis for this is apparent either in the VersammlG LSA or in general administrative law. Insofar as the condition merely demands organizational cooperation, there is a lack of a sufficiently defined distinction between permissible cooperation and impermissible transfer of sovereign enforcement tasks.

Note on Fines

The condition is already illegal because it violates the principle of legal certainty. The assembly leader is required to inform participants of the possible initiation of a fine procedure, without specifically indicating which violations are subject to fines and what the content of the instruction should be. The assembly leader is neither a fine authority nor authorized to provide legal instructions. The condition thus shifts sovereign information and enforcement tasks onto a private assembly leader, without creating a sufficient legal basis or a specifically defined design for this.

Incompetence or Arbitrariness? Or Both?

More intensive use of AI, in which the conditions are analyzed individually, will bring even more illegalities to light. The text of the condition notice is reproduced in full below. The interested reader can have fun assigning an artificial intelligence of their choice with the analysis and dissecting the conditions.

Apparently, the Legal and Public Order Office does not have access to such advanced tools. Digitalization in the district administration has not yet advanced that far.

As a citizen, one should be able to assume that the employees in the Legal and Public Order Office have the knowledge and skills to draft such condition notices in a legally compliant manner, if they are of the opinion that such condition notices are needed at all.

For several weeks now, the demonstrations in Zeitz have been taking place spontaneously without prior registration. So far, no one in the Legal and Public Order Office or the police has been bothered by this. It is therefore possible without condition notices.

And this once again raises the question: Is it incompetence or arbitrariness sitting at the desks in the Legal and Public Order Office? Or is this perhaps even exactly what the district administrator wants?

What about other notices and administrative acts in the Burgenland district administration? Are they just as sloppily thrown together and riddled with illegalities?

Did CDU District Administrator Götz Ulrich not engage further with my question because he is aware of these grievances or because he demands exactly this way of working from the administrative staff?

The District Administrator
Burgenland district • P.O. Box 1151 • 06601 Naumburg (S.)

Ms.
XXX

Enforcement of the Act of the State of Saxony-Anhalt on Assemblies and Processions (State Assembly Act – VersammlG LSA)

Assembly under the theme: “Peace, Freedom & Justice” on Monday, January 5, 2026, from 6:00 PM to approximately 8:00 PM in Zeitz

Dear Ms. XXX,
Pursuant to § 12 Para. 1 of the Act of the State of Saxony-Anhalt on Assemblies and Processions (VersammlG LSA), you registered the following assemblies in the open air on 28.12.2025.

Theme: Peace, Freedom & Justice

Date: Monday, January 5, 2026

Time: 6:00 PM to approximately 8:00 PM

Participants: approx. 50 persons

Assembly leader: Ms. XXX

Assembly location: Zeitz, Altmarkt

Demonstration means: Banners, sound system

Procession route: Altmarkt → Kalkstraße → Am Kalktor → Altenburger Straße → Geußnitzer Straße → Käthe-Niederkirchner-Straße → Virchow-Straße → Altenburger Straße → Am Kalktor → Weberstraße → Schützenstraße → Parzellstraße → Voigtsstraße → Altmarkt

Stewards: one steward per 25 participants, at least 2 stewards

The Burgenland district, as the responsible assembly authority, issues the following on the basis of the registration

I. Notice

The registration is hereby confirmed.

The assembly leader or her deputy must be constantly present. The assembly leader, or in her absence the deputy, must be available to the police and the assembly authority on site 15 minutes before the start of the assembly at the designated location. The assembly leader, or in her absence the deputy, must maintain contact with the police or a liaison officer designated by them as well as with the assembly authority until the end of the assembly.

For the assembly, one steward per 25 participants, at least however 2 stewards, must be deployed.

The procession route is set out in the annex and forms an integral part of this notice. A change to the procession route is only permissible with the agreement of the assembly authority or the police.

The procession shall take place exclusively on the sidewalk.

In case of need, vehicles of the police, rescue service, fire brigade, Bundeswehr, and fire and disaster protection must be allowed unrestricted passage and a rescue lane must be kept clear.

In the event of police or assembly authority loudspeaker or megaphone announcements, own loudspeaker operation and the use of megaphones must be stopped immediately.

All participants must be instructed to comply with the Road Traffic Regulations and to observe the following additional rules:

Vehicle drivers must hold a valid driving license

Vehicle drivers must be physically fit to drive

Mobile phone ban while driving applies

Overtaking ban within the convoy

The procession shall take place exclusively on the right side of the road

No large gaps are to be left between the individual vehicles

Participating vehicles must have a valid registration, main and emissions inspection, and valid insurance

License plates must not be rendered illegible

The use of high beams and fog lights is prohibited

Continuous honking is prohibited

The use of the symbol “Z” and “V”, black-orange striped “Saint George’s Ribbon”, flags and coats of arms of the Soviet Union, the People’s Republic of Luhansk, Donetsk, and Crimea is prohibited.

It is prohibited to consume or carry alcoholic beverages during the entire assembly. Persons under the influence of alcohol must not be allowed to participate in the assembly.

Participants in the assembly may carry banners, handheld signs, and flags. These may only contain inscriptions corresponding to the assembly motto.

Handheld signs carried may not exceed a maximum thickness of 5 mm. Reinforcements for handheld signs carried may only consist of cardboard or carton.

All assembly speeches or chants must respect public peace and the constitutional order.

Flags, verbal expressions, chants, banners, handheld signs, streamers and the like, as well as emblems and tattoos, may not have any criminal, youth-endangering, or administratively punishable content.

The human dignity of others may not be violated by maliciously disparaging or defaming parts of the population. Authorities, institutions, or persons of public life may not be defamed.

It is prohibited to use open fire and pyrotechnic articles. The use of lighters to light tobacco products is not affected.

Assembly participants may not carry glass bottles or other glass containers.

The assembly leader must announce the end of the assembly to the participants and call upon them to take the demonstration materials with them.

Before the start of the assembly, the bold-printed conditions must be announced to the assembly participants by the assembly leader or his/her deputy.

The assembly participants must be informed of the possible initiation of a fine procedure in the event of violations (§ 28 Para. 1 VersammlG LSA). For items 2 to 18 of this notice, immediate enforcement is ordered pursuant to § 80 Para. 2 Sentence 1 No. 4 of the Administrative Court Code (VwGO).

This notice is issued free of charge.

II. Justification

Ms. XXX registered the assembly in the open air designated at the beginning with the Burgenland district on 28.12.2025. The assembly is to take place as a procession through Zeitz after a short welcome of the participants at the Altmarkt in Zeitz.

The Burgenland district is the responsible assembly authority pursuant to § 1 Para. 1 No. 1 of the Ordinance on Responsibilities in Various Areas of Hazard Prevention (ZustVO SOG LSA).

Pursuant to § 12 Para. 1 VersammlG LSA, anyone intending to hold a public assembly in the open air or a procession must register this at least 48 hours before the announcement of the event, stating the subjects of the assembly or procession. This obligation was fulfilled by the registration by e-mail as well as the subsequent e-mail exchange and the personally conducted cooperation meeting.

For this reason, this order is also sent by e-mail. In the context of the cooperation meeting held, it was already stated orally that there were no objections.

Furthermore, the responsible authority may, pursuant to § 13 Para. 1 VersammlG LSA, make the assembly or procession subject to certain restrictions or prohibit it if, according to the circumstances recognizable at the time of issuance of the order, public safety is directly endangered by the holding of the assembly or procession.

The elements of the offense under § 13 Para. 1 VersammlG LSA are fulfilled in the present case. The conditions for the assembly are necessary to maintain public safety. However, the conditions do not disproportionately restrict freedom of assembly or the right to free expression of opinion (Art. 5, 8 GG).

In this respect, the conditions are justified below insofar as the orders issued are not already self-explanatory.

The assembly authority also has the express right to issue further conditions to ensure general safety and order on a case-by-case basis. If there are repeated violations of restriction orders, this may lead to the termination and dissolution of the assembly by the assembly authority.

In the event of an early termination of the assembly, the participants are to be called upon to leave the assembly site immediately or to disperse and to be informed that further assemblies will be illegal.

Re 2.)
Pursuant to § 6 Para. 4 VersammlG LSA, the assembly leader exercises the house right; pursuant to § 7 VersammlG LSA, he or she determines the course of the assembly. He or she must ensure order during the assembly. He or she may interrupt or close the assembly at any time. He or she determines when an interrupted assembly is resumed.

So that the assembly leader can effectively fulfill these duties and communication with the police and the assembly authority is ensured, the assembly leader or his/her deputy must be permanently present.

Re 3.)
The leader may, in exercising his/her rights under § 7 VersammlG LSA, avail himself/herself of the assistance of an appropriate number of voluntary stewards. Due to the expected number of participants and the course of the assembly, which also includes a vehicle procession, the assembly leader must use stewards to fulfill his/her duties. Without the support of additional persons, there is a risk that the assembly leader will not be able to fulfill his/her duties or will not be able to do so in an appropriate time. It seems appropriate to deploy one steward per 25 participants, at least 2 stewards.

Re 4.)
To guarantee the fundamental rights-protected legal interests of other persons and to best ensure the protection of this assembly, changes to the route are only possible with the agreement of the assembly authority and/or the police.

Re 5. and 6)
The priority of these vehicles results from the fact that constitutionally protected, higher-ranking legal interests, such as life and limb, have priority over the right to freedom of assembly and expression.

The same applies to police or assembly authority loudspeaker or megaphone announcements, which only occur in special, rare exceptional situations to protect and enforce higher-ranking legal interests and are necessary for quick and effective police action to avert danger.

Re 7.)
The procession moves in public traffic space. The Road Traffic Regulations apply. In addition to the special rights that apply to vehicle convoys, all other regulations of the Road Traffic Regulations (StVO) remain in force during the entire assembly period. For this reason, the participating vehicles must be registered and have a valid main and emissions inspection, all drivers must hold a driver's license corresponding to the vehicle driven, and a mobile phone and alcohol ban applies. Larger gaps must be avoided so that other road users recognize the procession as such and non-assembly vehicles do not join the procession during the march.

The use of high beams and fog lights is prohibited because it is already not permitted under the rules of the Road Traffic Regulations in this situation (driving within built-up areas or several vehicles in close proximity). It leads to dangerous situations if other assembly participants or road users outside the assembly are dazzled by improper use of lighting. Honking may be used as an indication of dangerous situations and to signal an overtaking maneuver outside built-up areas. The vehicle convoy is not a dangerous situation that needs to be indicated by continuous use of the horn. According to the rules of the StVO, the continuous use of the horn as a means of demonstration is therefore not permitted and must therefore be refrained from.

Re 8.)
The ban is necessary to avoid criminal offenses and to ensure public safety during the assembly due to the war situation in Ukraine that still exists and the associated effects on the Federal Republic of Germany.

Re 9.)
Due to the disinhibiting effect of alcohol, the increased potential for aggression as a result of consumption, and the possibly only limited or eliminated ability to coordinate and control, it is unavoidable to impose an alcohol ban.

Re 10.)
The restriction to the assembly motto results from the fact that pursuant to § 24 No. 1 VersammlG LSA, the leader of a public assembly makes himself/herself criminally liable if he or she conducts the assembly in a significantly different manner than stated in the registration.

Re 11.)
This regulation is preventively necessary to exclude from the outset the use of demonstration means as weapons or dangerous tools. Pursuant to § 15 VersammlG LSA, it is already prohibited to carry objects that are suitable as protective weapons and are intended for that purpose under the circumstances.

Re 15. and 16.)
This regulation is also made preventively, as open fire and glass bottles pose an increased general risk potential.

Re 19.)
With regard to the ordering of immediate enforcement of the imposed restrictions, this is necessary because an objection to this order would generally have suspensive effect. In the event of an objection, the assembly could then be held without observing the restrictions. This is to be avoided so that a significant impairment of the fundamental rights of third parties, i.e., a disruption of public safety and order, would occur.

Only through the effectiveness of these imposed restrictions is it ensured that the expected disruptions to public safety are prevented. In this respect, the concrete balancing of interests shows that, in view of the legal interests mentioned above that are endangered for persons not participating in the assembly, their interest in holding the assembly without restrictions must take a back seat.

The outcome of any objection or legal proceedings cannot be awaited for the reasons stated. Therefore, in the present case, the necessity of ordering immediate enforcement arises from the presented danger situation.

III. Legal Remedy Instruction

You may file an objection to this notice within one month of delivery. The objection is to be filed with the Burgenland district, Schönburger Straße 41, 06618 Naumburg (Saale).

With kind regards

By order

Neumann

Author: AI-Translation - Michael Thurm, АИИ |

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