Weekly market and mayor kill the Blues Challenge

Background:
Based on an agreement between market vendors and the city of Eutin from the 1990s, it was regulated that the weekly market would be moved to BerlinerPlatz for the Blues Challenge (and 3 other events per year).
At the suggestion of Baltic Blues e.V., the Blues Challenge and the weekly market have been held together (half/half) on the market square for several years. Since 2020, there has been a legally binding written agreement on this.
Due to the construction work on the market place, the Blues Challenge, as well as the Bluesfest, was held once on the parking lot Segenhörn. The weekly market was held for about 1 year in the parking lot Berliner Platz.

Timing

Sept. 2022
Application of the Baltic Blues e.V. about areas and subsidies, both with content market place

Nov. 2022
Committees approve funding in full amount

April 2023 The Baltic Blues e.V. receives the funding notice

22.June 2023 Mrs. Bloch (Chair Baltic Blues e.V.) has an appointment with Mayor Radestock (Bgm.) The occasion is a topic to the Bluesfest 2023, which was held in May.
At the end of the conversation the mayor mentions that there are problems with the cession of the market place for the Blues Challenge and suggests to switch to the Segenhörn. Ms. Bloch explained that if it can be done at all, there is a significant cost associated with it.

June 23, 2023 Mail from the city of Eutin (Mrs. Hilpert) with the request to send a site plan of the market place with the required (stand) areas to hold the Challenge. Deadline July 5. The plan will be transmitted already on June 25.

04 July 2023 The Bgm informs that the city of Eutin has no means to make half of the market place available to the association if the market vendors refuse. He refers to §69 GewO. He asks about the conditions under which the club would move to the Segenhörn. However, he had written to the market vendors once again, with the request to move out of the way.

July 10, 2023 Mail from Bgm. He informs that the market stallholders claim the market place for themselves. The Bgm.refers to a corresponding Letter from the market vendors suggesting the Segenhörn parking lot as a PERMANENT alternate site for the Challenge and asking for a
Statement of costs associated with a move, which he said he would present to the policy.

July 12, 2023 Mail from Ms. Bloch to the Mayor stating, among other things, that there is an agreement that must be honored. As well as that the Segenhörn is not feasible not only because of the cost, but also because for this area all our stand operators cancel. In addition, it is requested to participate in discussions with
to be involved in politics.

July 17, 2023 Mail from the mayor: “I will hopefully be able to clarify this evening whether and how we can provide you with a grant for the Segenhörn venue at short notice. If there is no solution, I will gladly invite you and Mr. Lüth to a joint discussion on Wednesday. It has been brought to my attention that the WVE has also reached an agreement with the market operators.
Want to have conversations.

July 19, 2023 The Bgm. has requested by telephone to this conversation. We (Mrs. Bloch/ Mr. Nickel) bring Mr. Winkler as representative of the Förderverein. Also present Mr. Kasch (City of Eutin). The BGm. informs that the vendors exist on the whole market place. The Bgm. explains in this context that the agreement is no longer legally valid in the opinion of the market operators and the city of Eutin. Mr. Nickel disagrees and asks the Bgm. twice
to hire a lawyer to conduct the examination. The Bgm. rejects twice.
Mr. Winkler offers to speak again with the market vendors as a representative of the sponsoring association. The Bgm. and the association welcome this.
Finally, Mr. Nickel asks whether the grant can also be used to cover the costs incurred by the association in the event of a cancellation. Mr. Kasch answers in the affirmative with reference to the ancillary costs. Ms. Bloch asked whether this also applied to rents. Mr. Kasch again answered in the affirmative.

July 22, 2023ff The sponsoring association talks to the feeders.

July 29, 2023 The Baltic Blues e.V. learns from an article in the Ostholsteiner Anzeiger that the city of Eutin does not provide the Baltic Blues e.V. with half of the market place. This inevitably leads to the cancellation of the event, as the association has neither the financial means to bear the minus resulting from a move to the Segenhörn, nor the fact that a music festival without gastronomic accompaniment is pointless. The interim report issued by Bgm. suggested move to the old (wind) mill is so grotesque (half of the marketplace in front of/into the mill?) that it is not discussed in detail.

Rating:

1. The Bgm. and the market operators have broken a legally binding agreement. An entspr. legal examination was carried out by the Bgm. Denied. A lawyer’s examination by the sponsoring association (at its expense) has meanwhile unequivocally shown that the contract is valid. So this is clearly a breach of law by the chargers AS WELL AS the mayor, since BOTH parties signed the agreement.
2. The Baltic Blues e.V. has since 20.04. via a legally binding funding commitment from the city of Eutin. However, the same city refuses to use the area needed for the implementation?!
3. The Baltic Blues e.V. learns during a conversation with the mayor with a completely different topic, so “incidentally” that there are problems with the area.
4. The Baltic Blues e.V. learns from the newspaper(!), OHA of 29.07., that the market place will finally not be made available by the city for the Challenge. It should be noted that up to this point there has NOT been a SINGLE meeting with the market operators in which representatives of the Association have been present. In the opinion of Baltic Blues e.V., however, this would have been absolutely necessary for an amicable solution. Because only the Baltic Blues e.V. can decide ON THE spot whether you can “move a few meters “and / or exchange or not.
5. The aforementioned article also indicates that Baltic Blues e.V. has submitted an additional application for subsidies. This is NOT correct. At no time did we make this request, nor did we plan to do so. We were asked to specify EVENTUAL costs. That’s what we did, nothing more.
   In consequence of this false report one can see from the article that the Baltic Blues e.V. is seen now by the policy in the wrong light of a “permanent reapplicant”. As this is a false report, it is imperative that it be corrected by the press!
6. Also to this article: the Baltic Blues e.V. forbids all comparisons about the value of weekly market to challenge. Especially if here obviously and intentionally wrong with numbers is worked: Thus 5800 people may have gone there gladly – but humans go with the purchase usually in a direction (e.g. from the car to a goal) and then also again back, are counted thus twice. In addition, the impression is created here that people would not also visit the weekly market in another area. This is demonstrably false. Above all- where does the weekly market get these (actually rather non-public) numbers from?! Who from the city was souffling?
7. Both Ms. Bloch and Mr. Nickel, in their basically positive statements about the Segenhörn as an event space, made the EXPRESS point that the Segenhörn is ONLY suitable for small events and NOT for either of the Blues events. This explains itself also already alone from the fact that otherwise EVERY year over 4000.–€ in additional costs are needed, which city has probably hardly.
8. It may be legitimate for the market vendors to try to take advantage of their weakness in the Bgm. and its administration, but this does not involve an obvious breach of contract.
9. Completely incomprehensible is the behavior of the Bgm. As the “owner” of the space and a co-signer of the agreement, he should have insisted that the agreement be honored! Instead, he not only breaks the law, but also makes himself the advocate of law-breaking market vendors.
10. “Quite besides” means the action of the Bgm. that the city of Eutin gave away / lost the power of disposal over its property! This circumstance is all the more reprehensible, since this problem must be treated already for years again and again and the administration, together with its mayor, as completely incapable proves to tackle this problem and to solve finally.