Much Ado About Drums or German Justice at Its Best

Remember my blog about the French-German Gipfel in Freiburg, where Nicolas S. and Angela M. were sprayed with water and bystanders with the sound of drums. The police found the noise the left-wing alternative (linksalternativen) Sambastas produced with their drums too loud to be healthy and confiscated not one, as I had wrongly reported but 13 instruments. The official reasons were that communication between policemen had become impossible and that the sound level had exceeded the 100-decibel limit in Germany's Immission Protection Act. In fact, the highest level the police had recorded was 110 decibels, as loud as a compressed air hammer at a one-meter distance.

The giant of physics Richard Feynman
 with his famous bongo drums

According to the public prosecutor, such noise poses a health risk. However, he concluded, the Sambastas hadn't done it on purpose and didn't assent damage to a third person. Nobody had been hurt, and without tinnitus or a burst tympanum, there had been no bodily injury by negligence. And he added: There are realms where noise must be accepted as a socially adequate burden (sozialadäquate Belastung).

Following this statement, the Sambastas had high hopes to recuperate their drums without paying the fee of 50 Euros each the city of Freiburg had asked for. However, the city officials remain obstinate since the 650 Euros for the 13 drums had been fixed in court, and there is no reason to deviate from this decision. Let's face it, the actual reason is that Freiburg needs the money; even small sums will help the city's budget.

At present, the Sambastas are preparing a lawsuit against the city to force them to return the instruments without paying the ransom. The case is now entirely in the hands of lawyers, who will surely keep it alive. It's promised: I shall keep you abreast of the progress in the drum affair.

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