Five years ago, the Brioni Boutique Hotel in Ostrava stirred controversy when it announced that guests from Russia would no longer admit due to the annexation of Crimea by the country. للايجار
"On 24.3.2014 we do not have a citizen of the Russian federation," read an English-language note posted at the entrance of the hotel.
The reason is that Crimea has been annexed. We're sorry for all decent Russian guests."
Brioni Boutique Hotel owner Tomáš Krčmář has boycotted Russian visitors following his feelings of weak response to Russian activities in Crimea by both the Czech Republic and the EU.
"As long as Russia stops in Crimea, the EU is prepared to sweep it up and continue in a usual way to get rid of an uncomfortable headache," said Krčmář in 2014 to Radio Free Europe.
"If one's memory is too small to learn from what happened in 1939, at least try to remember 1968 or Georgia in 2008. As long as we can't suffer, Russia translates this as our weakness. It's in their strong-mindedness." The Czech Trade Inspections quickly struck Brioni Boutique Hotel with a fine of 50,000 Crowns for violating the anti-discrimination law in the country.
But Krčmář refused to pay the fine. For the past five years the case has been brought before the Czech courts.
"I am well aware that my boycott of Russian tourists will hurt my pocket more than any other," Radio Free Europe told Krčmář in 2014. He estimated that about 10% of his guests were Russian citizens. "I think that Russia ought to be isolated because in Europe it has no place. I'm doing it my way until politicians make a move."
Brioni Boutique Hotel soon amended the ban – accepting a letter signed by Russian guests denouncing Russia's Crimea annexation – and eventually removed it completely, citing international pressure. But the fine was – as Krčmář's determination to prove his protest did not infringe on Czech law.
In 2016, the fine was cancelled, ruling that national citizenship was not covered by the Anti-Discrimination Act. The Czech Supreme Administrative Court, which referred the case to the Regional Court in Ostrava, annulled the decision.
This court held in 2018 against Krčmář and Brioni Boutique Hotel, but the original fine has been reduced from 50,000 crowns to 5,000 crowns.
"While we do not question the nobility of the protest against the integrity of Ukraine, we consider it disproportionate to deny the accommodation," the Judge declared, as reported by iDnes.cz.
Nevertheless, Krčmář was not happy.
"I don't agree, even if I just have to pay a crown," he said to iDnes, preparing in higher courts for the case to be appealed.
On Thursday the Czech Constitutional Court canceled the fine in what could be the last word on the case and ruled in favor of the Brioni Boutique Hotel.
The Court found that while discrimination based on ethnicity or faith had breached the national legislation on discrimination, nationality does not – noting that even the state itself discriminates on the basis of nationality (for example, which nationalities can enter the country without a visa).
Moreover, the Constitutional Court supported Krčmář's motive, citing expert opinions and even comments from the Czech State Department, saying that Crimea's annexation is a violation of fundamental international law.