Mülheim an der Ruhr court upholds ban on sidewalk flower planters

The Higher Administrative Court (OVG) Münster has upheld a decision allowing the city of Mülheim an der Ruhr to require a resident to remove flower planters from a public sidewalk. The resident had placed the planters on the sidewalk for 20 years to beautify the area, but the court ruled that such placement constitutes a “special use” (Sondernutzung) that requires a formal permit.

The court found that the planters, which occupied nearly one-third of a 1.50-meter-wide sidewalk, hindered pedestrian traffic and compromised safety for wheelchair users, parents with strollers, and children on bicycles. The ruling clarified that the primary purpose of a sidewalk is public movement and communication, and that long-term tolerance by authorities does not equate to a legal permit. The court prioritized traffic safety and unobstructed pedestrian access over the resident's interest in decorating the public space.