The full article, including the video statement, is available on our Facebook page: https://www.facebook.com/isdvev
Daniel "Dany" Rau is a trained master for event technology and specialist for event security and has been working as a freelance project and production manager in the event sector for 38 years. Due to the event bans of the Corona regulations, he, like most self-employed people in the event industry, has been unemployed for over 12 months and, above all, without income.
As early as May 2020, he submitted an application for compensation under Section 56 of the Infection Protection Act (IfSG). However, this application was rejected. To date, he has not received any compensation for his lost earnings. Dany therefore decided to sue for compensation under Section 56 of the Infection Protection Act and Articles 12 and 14 of the Basic Law. In total, there are twelve lawsuits in eleven federal states in which his events would have taken place in 2020, from which he could have earned income.
If you look at Dany's situation on the basis of the constitution, it says in simplified terms that the ban on events in the regulations to combat the corona pandemic and the associated ban on activities require a "special sacrifice" for the good of the general public.
This is an encroachment on the freedom of occupation guaranteed by the Basic Law, which should actually be offset by statutory claims for compensation. The Infection Protection Act provides for regulations for compensation, but only for people who are suspected of being infected or sick (so-called excretors) and therefore have to accept restrictions such as quarantine. For those, and this is not only true in Dany's case, who have to bear serious economic consequences, the compensation rules provided for by law do not apply directly.
Dany's claims for damages are about two main things. On the one hand, to have the right to financial compensation determined and, on the other hand, to show that there is a regulatory gap with regard to compensation for the "special victim". Exactly this gap must be determined by the constitutional court and a compensation law must then result that closes this gap. It would set a precedent of nationwide, cross-sector importance. Thus, all those affected would also have the opportunity to sue for compensation.
Should one or more of these lawsuits be successful and the Federal Constitutional Court review the legal situation, a change in the law towards a compensation law is conceivable and this would lead to a fundamental change with regard to compensation in the future. Such a regulation is already being demanded by well-known constitutional lawyers, such as the former President of the Constitutional Court, Prof. Hans-Jürgen Papier and Prof. Udo Di Fabio.
With the support of the ISDV eV, the Association of Founders and Self-Employed Germany eV (VGSD), the action alliance AlarmstufeRot as well as the mental and practical support of friends and colleagues, Dany Rau wants to achieve a goal that could ensure the survival of many self-employed people from different industries.
The costs of these legal proceedings are partially funded by the supporters, however, a large part of the legal costs remain uncovered and are borne by Dany.
This crowdfunding campaign is intended to enable us all to raise the costs of the process. Please support this project so that Dany Rau does not have to carry his fight for all of us alone, at least financially. You can donate to Dany's legal costs at this link: https://gofund.me/0c33477e
If more money is raised through this campaign than is needed, the rest of the money will flow into the solidarity fund for freelance stage and sound technicians, lighting technicians, stage hands and event helpers #handforahand.
We thank you for your support!
"At the end of the day I do this for everyone who is in the same or even worse situation as me and that's why the only option is to continue and go the way to the end!" (Dany Rau)
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