Basel allows large posters on union building
A large-scale voting poster that had to be removed from the facade of the Basel Union House in 2013 at the behest of the authorities was before the Administrative Court on Wednesday.
Although the latter rejected an appeal by the trade unions, large posters on the wall of the building in question are now permitted. Like the Building Appeals Commission in 2015, the second instance also ruled that the decision of the Building and Hospitality Inspectorate was legal. The court president accused the company Gewerkschaftshaus Basel, as the owner of the building, of "acting in bad faith" in hanging up the 50 square meter poster on the 1:12 initiative. The poster had been put up without a permit, assuming that the situation could be legalized with a subsequent building permit procedure and that the referendum advertisement could adorn the façade of the building on Rebgasse for as long as needed. However, nothing came of this; the banner had to be removed immediately.
Not eligible
From the court's point of view, the applicant should have known that the poster would have required a permit on the one hand, but would not have been eligible for a permit on the other. In another case, the BGI had shortly before refused a permit for a somewhat smaller poster on the trade union building, which was not contested. Because, according to the law, no benefit may be derived from this "bad faith action," there was no alternative to the removal order, the court found. It judged this measure, which served to protect the cityscape, to be proportionate and also failed to recognize any violation of the principle of equal treatment.
Political advertising on the union building has a long tradition and did not give rise to any discussions for a long time. In recent years, however, there have been problems because the City Image Commission has taken action against large posters on facades. A more liberal practice applies only to public museums.
Last of four procedures
The tougher stance resulted in four proceedings for the trade union center, of which the one concerning the 1:12 poster is the last. In the meantime, however, a solution to the billposting problem has been found with the authorities. According to this, two permits for large posters will be issued for the trade union center per year. These may be four meters wide and seven meters long and hang for four weeks at a time. The first such banner was hung in August 2016 in view of the vote on the "AHVplus" initiative on November 25. (SDA)
Image: Unia Northwestern Switzerland / Facebook.com
