Salzburg court upholds fines for hotel that banned burkinis in pool, calling it discrimination
A Salzburg court has rejected a hotel's appeal against fines for barring Muslim women from wearing burkinis in its pool, finding the ban discriminatory and the hygiene argument unfounded.
The incident at Saint Johann im Pongau
Two Austrian Muslim women were prevented from entering the pool of a hotel in the ski resort of Saint Johann im Pongau while wearing burkinis. The hotel managers, one male and one female, argued the full-body swimsuits were unhygienic and made other guests uncomfortable. After a heated argument, the women filed a complaint with local authorities last year.
It is a deep humiliation when they are forced to undress, even though no one is harmed by it.
Court rejects appeal
In February, the authorities fined the hotel €100 for discrimination. The management appealed, but the Salzburg Regional Administrative Court rejected the appeal in late June and added a €20 procedural fee. The court found that the hygiene argument "does not hold water, as burkinis are made from the same materials as other swimwear and routine water checks found no irregularities".
- Hotel manager asks two Muslim women not to wear burkinis in pool, citing hygiene concerns and guest discomfort; women complain.
- Local authorities fine hotel €100 for discrimination.
- Court rejects hotel's appeal, upholds fines, and adds €20 procedural fee.
- Ruling made public; ÖHV says it provides clarity for the industry.
The presiding judge stated that the ruling would not set a nationwide precedent, as indirect discrimination is permissible under certain conditions.
Reactions
The Austrian Hotel Association (ÖHV) said burkinis had not previously been a problem and that the ruling offers clarity for the industry.
The ruling provides clarity on how to handle such situations.
A broader European debate
The burkini has become a political flashpoint across Europe, notably in France, where attempts by mayors to ban it on Mediterranean beaches were overturned by courts. Austria does not explicitly restrict Muslim dress for women and girls over 14, but forbids face coverings like the burqa and niqab. The far right has campaigned against Muslim dress in public spaces, making rulings like this one particularly sensitive.
