People over 75 years of age cannot be excluded from a public opinion poll which is to replace a local referendum

The complainant challenged steps taken by the Statutory City of Ostrava on the grounds of discrimination against elderly people as the city had excluded people over 75 years of age from a public opinion poll regarding a plan for the construction of new tram tracks in the district of Ostrava-Poruba. The Mayor of Ostrava repeatedly described this poll in the media as a “cheaper alternative to a local referendum”.

The Defender sent a letter to the Mayor of Ostrava where she stated that it was inadmissible to set an upper age limit for a public opinion poll that was to replace a local referendum, also because these people would have the right to vote in a possible referendum. The Mayor of the City of Ostrava stated that they had also been presenting the project of tram tracks in debates organised in retirement homes. While the Defender appreciated this, she pointed out that such debates could not substitute for an opportunity to express one’s opinion in a public opinion poll. She therefore recommended that, next time, the City should refrain from setting any age limits for public opinion polls unless this was warranted by the subject of the poll.