Officials were within their rights to close vegan restaurant Waku Waku because its owners refuse to check that clients have a coronavirus pass, a court in Utrecht has ruled.

The city council closed the restaurant on the order of mayor Sharon Dijksma on Tuesday after the establishment refused to comply with the introduction of checks when the 1.5 metre rule was abolished on Saturday.

Waku Waku’s owners say the introduction of the CoronaCheck app is discriminatory and contravenes the constitution. They also say that the government is using double standards because supermarkets and department stores, which also attract large groups, do not have to show a QR code.

In its ruling, the court said that while Waku Waku raised valid questions, the measures have been introduced by the government to combat coronavirus and that local authorities have been charged with enforcing it.

The courts are not the place to determine what the best way of dealing with the pandemic is, the judge said. ‘The judge’s role is to check if the measures themselves are reasonable.’

‘Waku Waku is not being asked to act in violation of the prohibition of discrimination or to unlawfully restrict fundamental rights,’ the court said in a statement. Even though closure could have a considerable financial impact, the interests of the mayor in having a credible enforcement policy are more important, the court said.

Protestors

The owners of the restaurant are ‘extremely disappointed’ in the ruling. ‘They are going to step back for a couple of days but are not yet done and will continue the fight,’ their spokesman said after the ruling.

Since the demonstrations started, a mixed group of protestors have flocked to the restaurant, including anti-vaxxers, conspiracy theorists and the far right, as well as its usual clientele.

A fundraising campaign for the owners has generated over €240,000.

The council has since ordered the demonstrators to gather on the nearby Jaarbeursplein as other restaurants had been forced to close their doors because of the protests.