SAINT JOHANN IM PONGAU — A Salzburg court ruled in late June that a hotel in Saint Johann im Pongau discriminated against two Austrian Muslim women by preventing them from wearing burkinis. The court rejected the hotel's appeal and upheld a fine related to the ban.

The two women filed a complaint against the hotel last year. Local authorities fined the hotel €100 in February, which the hotel manager appealed.

The court ordered the hotel to pay a €20 fee to cover procedural costs in addition to the original fine. The court determined that the hotel manager's argument regarding the burkini being unhygienic did not hold water. Burkinis are constructed from materials similar to other swimwear, and routine water checks at the facility revealed no irregularities.

The hotel manager had stated that the burkini was unhygienic and caused discomfort among other guests. However, the court found these claims to be unsubstantiated by evidence.

The presiding judge stated that the ruling would not set a nationwide precedent because indirect discrimination is permissible under certain conditions.

The burkini covers the entire body, excluding the face, hands, and feet. Austrian law does not explicitly restrict Muslim dress for women and girls above the age of 14, although it prohibits face coverings in public spaces.

This ruling addresses a specific instance of alleged discrimination in Austria concerning religious attire. The court's decision to uphold the fine and reject the appeal reinforces judicial interpretation regarding swimwear and hygiene standards within public accommodations. The judge's clarification on the ruling's limited scope indicates that each case of alleged indirect discrimination may be evaluated individually based on its specific circumstances.