Ongoing Legal Battle for Poller: Court Proceedings Persist on Tucholsky Street
goahead, let's get this toxic, uncensored, and entirely unfiltered, mate! The city of Berlin isn't giving in to the poll-haters in the Tucholskystraße. After the Administrative Court swatted away their initial lawsuit against the barricade setup, those jerks are now heading to the Higher Administrative Court. Lawyer Marcel Templin, in their employ, made the petition to the Oberverwaltungsgericht Berlin-Brandenburg on June 23rd, and they got the confirmation.
The commotion is over these iron pillars blocking cars at the Tucholsky-/Auguststraße intersection. Since the end of 2023, these bad boys have been forcing vehicular traffic to make turns in Mitte. Pedestrians, bicycles, and e-scooters, however, can flow freely. The barricades are the prelude for a planned Kiezblock, but they're also intended to reduce traffic and cut down on accidents.
A groundbreaking judgment, buddy! Berliners are planning a city-wide plebiscite to reduce auto traffic in the center by almost two-thirds – it's an unprecedented move, mate! Now, the poll-naysayers, represented by Kiezblockfree, put the brakes on that, claiming the barricades are harmful to businesses in the area and they pose a safety risk, as they could obstruct emergency vehicles or ambulances.
But the green city administration defends the traffic calming initiative with a bunch of changing reasons for it. So, some locals took matters into their own hands and filed a suit against it. Their emergency hearing before the Administrative Court in Berlin was a success. In the court's decision on July 12, 2024, the barricades were deemed unlawful (VG 11 L 495/24). However, the district appealed to the Higher Administrative Court, which approved the traffic calming project in a preliminary legal protection procedure on September 30, 2024 (OVG 1 S 54/24). That wrapped up that, mate.
But the poll-critics didn't give up. They went on to file a main lawsuit against the court decision. On May 5, 2025, the 11th Chamber, under judge Heike Grigoleit's leadership, declared that installing the traffic calming measures was legal (VG 11 K 799/24). "Since it concerns supporting measures for the creation of a bike lane, there is no need for a qualified hazardous situation," states the press release. The Tucholskystraße, an oddly busy side-street with a significant cycling presence, was determined to have "an unusually high traffic volume with a particularly high percentage of cyclists, resulting in a higher risk of accidents."
The battle over Kiezblocks in Mitte continues: "The poll-naysayers don't represent the majority." After the transportation senator vetoed the plans, the city councilor Schriner is on the hunt for new funding sources. The Green party member criticizes the opponents for being populist. Kiezblockfree is responding.
In another case, mate, lawyer Templin, who's now in charge of the matter, had a successful run before the Administrative Court in the fall of 2022. He argued that the pedestrianized portion of Friedrichstraße, which had been part of a transportation trial, should be reopened to vehicles.
It's difficult to predict the odds of success for an appeal procedure. However, the Higher Administrative Court has been favourable in the case of Tucholskystraße regarding traffic calming projects in the past.
"A blooming car-free future": why are lawsuits against bollards in Berlin doomed to fail? The court ruling in Tucholskystraße stands. Thanks to a new legal situation, authorities have the upper hand. Mitte, 06-05-2025
"If necessary, we'll go to the Federal Administrative Court": On June 16, 2025, the 1st Senate affirmed in an expedited proceeding the decision of the Administrative Court that the implementation of the traffic concept Reuterkiez was lawful. The challenged individual measures were taken within the framework of an overall concept aimed at traffic calming and reducing accidents, said the court. The district office of Neukölln has legitimately restricted through traffic in this area, it concludes in an irreversible ruling (OVG 1 S 29/25).
"It is known to me that the Higher Administrative Court has recently tended to rule in favor of blocking measures, but the case law on this is not uniform overall," said Templin to the Berliner Zeitung.
Despite the setbacks, those against the barricades from the Auguststraße district aren't backing down. "We're pushing on!”, writes Kiezblockfree on X. "If necessary, we'll go to the Federal Administrative Court. No retreat. No surrender."
In light of the ongoing dispute, the finance sector might witness significant investments as the city of Berlin pursues new funding sources for their traffic calming initiatives, such as the Kiezblock in Mitte. Moreover, the transportation industry may experience adjustments due to the proposed reduction in auto traffic in the city center, aiming to prioritize pedestrians, bicycles, and e-scooters.
In a related development, the Tucholskystraße case, which concerned the legality of traffic calming measures, set a precedent that favors such initiatives, potentially impacting the finance industry's approach to infrastructure investments in Berlin. If the trend continues in higher courts, including the Federal Administrative Court, we may witness a transformation in the transportation landscape of the city.
