Just a few days after the announcement that foiling would be permitted again in certain areas of Saxony's lakes, the ban has now been completely overturned. This was reported to us by Philipp Kümpel, one of the initiators of the legal action against the ban. The responsible state ministry for economy, labour and transport confirmed this. "That's really incredible!" says Kümpel happily.
According to the ministry, the "Foiling 2023" pilot scheme is to be launched instead of the ban. "This pilot scheme will cover the water sports season from April to mid-October 2023 and is intended to take particular account of the natural environment and nature conservation," it said in a press release. Windfoiling and wingfoiling will therefore be permitted without a licence. Kite foiling will be treated in the same way as kite surfing and will therefore be permitted on authorised kite surfing routes.
However, it remains to be seen how many accidents, complaints or adverse effects on nature a new ban would entail. "Unfortunately, this procedure is once again completely non-transparent," Philipp Kümpel told surf.
Nevertheless, individual municipalities could theoretically issue their own rules for their waters. According to Kümpel, this would have to be monitored and, if necessary, a new complaint lodged. According to the ministry, the waters of Berzdorfer See, Partwitzer See, Seelhausener See and the Quitzdorf dam are excluded from the pilot scheme for nature conservation reasons.
Public pressure and the commitment of the VDWS brought down the foil ban
According to Kümpel, the background to the sudden U-turn is that the authorities imposed the ban last year on the basis of incorrect data. The VDWS (Association of German Watersport Schools) added in a message to the surf editorial team that it had provided the state government in Saxony with corresponding figures from the VDWS SafetyTool insurance policy as part of a statement, which refuted the alleged dangers.
According to the ministry, both the technology and the practice of the sport were scrutinised together with the associations. The VDWS was also involved in this process. According to VDWS Honorary Chairman Thomas Weinhardt, a "comprehensive multi-page technical statement and a legal assessment" were prepared and used as a table presentation at the round table in Dresden. The VDWS was also present at this round table, and there had also been consultations with the Saxon Sailing Association and intensive e-mail correspondence with the ministries.
"In the overall assessment, we agreed to carry out this pilot project and to observe the practical implementation on the waters," the ministry explained. It is "important to those responsible not to marginalise new trend sports, but to find a way to make them possible together." State Secretary Ines Fröhlich says: "Foiling in particular has developed into a trendy sport in recent years. We have now succeeded in finding a solution for practising this sport."
The lawsuit against the foil ban continues
The lawsuit against the foil ban may now be put on hold. Kümpel comments: "We will check very carefully what the written statements on the withdrawal of the foil ban will be. " As soon as new bans are on the table, we want to take legal action again immediately. The lawsuit was filed with a Crowdfunding campaign which the VDWS also contributed to with a four-figure sum, and was submitted to the competent court at the end of 2022. "Thanks to all petition signatories, donors and supporters. The lawsuit has definitely helped bring down the ban!" says Philipp Kümpel happily. This was only possible thanks to the numerous supporters.
Around a year ago, Saxony introduced a ban on water sports with"buoyancy-enhancing cultivation" issued. As a result, several fines were imposed on foilers, sometimes with outrageous justifications. surf had also campaigned against the ban and presented facts and assessments on the risk of injury when foiling in a letter to the responsible ministry. The dispute over the foil ban caused a nationwide stir, partly because Saxony would have liked to have seen itself as a pioneer for a possible nationwide ban.
Editor's note: In an earlier version of this text, there was no statement from the ministry apart from the confirmation. We have supplemented the statements following publication of the announcement. We have also added information on the VDWS's involvement.
