Unusual consequence of an urgent need: A Carinthian (63) had to answer on Monday before the Styrian State Administrative Court (LVwG) for an alleged breach of decency. The 63-year-old was accused of urinating in a meadow.
He was observed, reported and received a fine of 100 euros from the Leibnitz district administration. Because the Carinthian objected to the punishment, the case ended up before the LVwG. This had to decide whether the behavior was “in accordance with the general principles of decency”. Crucial question: Is public urination a violation of modesty or not?
The incident happened in November 2022, after a trip to southern Styria. The Carinthian peed in a meadow in a public place. In his interview, the man stated that it was far away from the main road and that he was hidden by his own vehicle. According to the 63-year-old, there was only a ruined building in the immediate vicinity and an office building a little further away. And while the Carinthian was urinating, a man stormed out of this building towards him and started swearing. The result was the aforementioned police report.
“I have a weak bladder”
On Monday morning, the Carinthian’s crime was discussed in detail at the State Administrative Court. There, the 63-year-old explained that he suffers from a weak bladder due to his age and that when he feels the need to urinate, he “has to relieve himself within 30 minutes”. Because he couldn’t find an open bar or toilet at the time and his bladder was already hurting, he decided to drive into a side street. There he stopped at the edge of a meadow and urinated.
The owner of the office building at the time contradicted this representation at the LVwG: After a car drove past his company, he looked. When he saw the man, he turned away from the garbage cans and zipped up his pants. Because everyone could see the “Pinkler” there, he wanted to know from the Carinthian why he didn’t ring the bell and ask if he could use the toilet in the office. He was then insulted by the 63-year-old. Only then, and because the perpetrator did not apologize, did he file a complaint, the Styrian said in court.
100 euros fine
The judge at the LVwG dismissed the Carinthian’s complaint. But because there is a ban on deterioration, the punishment could not be higher. The 63-year-old must pay 100 euros plus 20 percent procedural costs for “violation of modesty,” as stated in the Styrian state security law, according to LVwG spokesman Paul Ploto.
In her reasoning, the judge said that it is reasonable for an adult to find a toilet in time if he knows that he has to relieve himself within 30 minutes of feeling the urge to urinate. In addition, the man was traveling in a car and there is also a train station with a public toilet facility near the “crime scene”.