Austrian hotel loses appeal over discriminatory burkini ban
An Austrian court has upheld a discrimination fine against a ski resort hotel for banning burkinis, highlighting the legal risks European hospitality businesses face when navigating religious dress codes.
A court in Salzburg has ordered a hotel in St. Johann im Pongau to pay a €100 fine plus €20 in costs after ruling its ban on burkinis was discriminatory. The tribunal rejected the establishment's appeal as "unfounded", firmly upholding a penalty originally issued by local authorities in February.
The dispute originated last year when the hotel manager prevented two Austrian Muslim women from wearing the full-body swimsuits. Following a heated argument, the manager justified the ban by claiming the garments were unhygienic and made other guests uncomfortable. The women subsequently filed a formal complaint that triggered the local investigation.
In its late June ruling, the court dismantled the hygiene defence. The judge stated the manager's argument "does not hold water, as burkinis are made from the same materials as other swimwear and routine water checks found no irregularities". Despite this definitive rejection, the presiding judge told AFP the decision would not establish a nationwide binding precedent because "indirect discrimination is permissible under certain conditions".
For European hoteliers and leisure operators, the case highlights a precarious legal landscape where customer relations intersect with anti-discrimination law. The burkini has become a highly visible target for far-right political movements across the continent, which frequently campaign to restrict Muslim dress in public spaces. This political pressure can create operational traps for hospitality businesses that attempt to translate these sentiments into internal dress codes.
Austrian law forbids face masks in public, effectively banning the burqa and niqab, but explicitly permits the burkini for women and girls over the age of 14. Other European nations have adopted similar boundaries, with the Netherlands and Denmark also banning face coverings. French local authorities notably saw their attempts to ban burkinis on Mediterranean beaches overturned by courts in 2016, a political firestorm that serves as a historical warning to businesses regarding restrictive dress codes.
