Access Listed: Swimming Pools in Switzerland Exclusively for Residents
In several municipalities across Switzerland, outdoor swimming pools have implemented restrictions on entry, primarily targeting non-residents or foreigners. These measures, aimed at maintaining public safety and order, have sparked debate and attracted international media attention for potentially discriminating against foreigners, particularly cross-border residents without Swiss permits.
One example of such restrictions can be seen in the town of Porrentruy in the Jura canton, where access to the public outdoor swimming pool has been limited due to "numerous cases of misbehavior" such as harassment and inappropriate behavior [1][3][5]. Similar restrictions are in place in towns like Regensberg, Volken, Dorf, and Rudolfingen in Zurich, where locals often have exclusive access to the pools [2].
However, these local policies have raised complex legal and ethical questions regarding non-discrimination laws in Switzerland. Although these local practices exist, they are controversial and have drawn criticism for potentially discriminating against foreigners.
Swiss anti-discrimination law generally prohibits discrimination on certain grounds (e.g., nationality in public services), but specific legal exceptions or the allowance for local authorities to impose conditions for public facility access based on residence status are not explicitly detailed in the search results. The municipalities justify restrictions as measures to maintain public safety and order in response to documented incidents.
The mayor of Porrentruy publicly defended the measure as a difficult but necessary decision given behavior problems and capacity issues at the pool [3]. However, the situation in Porrentruy is considered "highly delicate" due to its potential for discrimination based on nationality [4].
In the canton of Ticino, the Lega party has proposed enforcing a law so that only "taxpaying residents" can use the pool, following Porrentruy's example [6]. The party cited "unacceptable overcrowding" and guests who "do not make any financial contribution to the municipality" as the main causes of the problem [6].
Despite these measures, some municipal pools, like the one in Killwangen, Aargau, state that their pool is open to residents but do not actively enforce the ban on outsiders [1]. A Nau.ch reporter found that outsiders were easily able to visit the small pool in Killwangen two years ago [1].
In summary, while municipal localities in Switzerland do restrict pool entry to locals in some cases, the legality under strict non-discrimination laws remains ambiguous and contentious. Such restrictions may be legal under municipal authority and public order provisions but can conflict with broader anti-discrimination principles, leading to ongoing debate and media scrutiny [1][3][5].
[1] Nau.ch, "Foreigners barred from Swiss pools", link [2] NZZ, "Swiss pools restrict entry to locals", link [3] Corriere del Ticino, "Porrentruy bans French citizens from pool", link [4] Alain Griffel, a professor of constitutional and administrative law, statements on the issue, link [5] Matthias Hildebrandt, the municipal clerk of Rudolfingen, statements on the issue, link [6] Lega party in Mendrisio, Ticino, statements on proposed law, link
- Under debate due to potential discrimination, some home-and-garden associations might consider implementing restricted membership based on residence or nationality, similar to the controversies regarding outdoor swimming pools in Swiss municipalities.
- The lifestyle of cross-border residents or foreigners seeking leisure time in public spaces like home-and-garden facilities or outdoor swimming pools in Switzerland might face challenges due to the ambiguity of legal frameworks and the controversial nature of local restrictions.
