Zurich City Council Cites Legal Doubts Over Mandatory Cash Payments

Zurich's municipal businesses, including shops and restaurants, are increasingly favoring card or Twint payments over cash. This trend has drawn criticism and prompted political action, particularly after a Christmas market and the Kunsthaus museum initially refused cash payments last year, only to reverse their decisions due to public outcry.

The Alternative Left (AL) party has submitted a proposal advocating for mandatory cash acceptance by municipal businesses. This requirement would extend to businesses operating on public land or those receiving direct city support. The AL argues that excluding cash payments discriminates against certain population segments and that cash offers protection against "surveillance capitalism."

However, the Zurich City Council has expressed legal concerns regarding the proposed ordinance. They deem embedding such a mandate in the municipal code legally inappropriate, suggesting payment modalities should be addressed at the federal law or ordinance level. The council also points to existing federal law, which already provides sufficient protection for fundamental rights.

Specifically, the City Council questions the proportionality and compatibility with economic freedom of mandating cash acceptance for private businesses on public grounds, such as ice cream stands or studios. They argue it is not the city's role to enact regulations beyond existing federal law concerning currency and payment methods. Federal law generally obligates businesses to accept cash, but allows contractual restrictions. The council emphasizes that any limitations imposed by public authorities must ensure that fundamental rights are not violated.