“Dear AfD Freiburg and Karl Schwarz: ‘See you in court’ was not just a slogan. It was a promise.” Under this heading, Freiburg-based drag queen Dita Whip reported on Wednesday on her Instagram channel about a legal win against the AfD. The court confirmed a temporary injunction, barring the party from using a portrait of the drag queen, neither in its original form nor in a version altered by AI.
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Instagram / bz_freiburg | Videobeitrag der “Badischen Zeitung”
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AfD city councilor Karl Schwarz had used a corresponding image, among others, on the district association’s website alongside a text accompanying a February reading by the drag queen at Freiburg’s city library, drawn from two children’s books: “Disco” by Frauke Angel and Julia Dürr, described in advance as a “statement against pre-defined gender roles in kindergarten,” and “Enough Roaring, Lion” by Günther Jakobs—a “humorous and colorful picture book about freedom, fairness, and self-determination.” The books were positioned as opposing “natural gender roles in kindergarten” and pressed political concepts onto toddlers, Schwarz complained of these “tools of a left-wing woke ideology.” He spoke of a “perversion of education”—the AfD allegedly wanting a Germany where children grow up without perverse ideologies.
More incendiary quotes and background are provided by this March report. The disputed image, apparently an AI-generated version of the promotional picture used to advertise the reading, depicted the drag queen making direct statements such as “Ideology madness” and “Hands off our children.”
A Fight Not Just for the Queer Community
Dita Whip announced in March that she would push back against insinuations that she was being used as an adversary in a political culture war. For the legal action, including a request for a cease-and-desist order, she launched a crowdfunding campaign—it’s about the fundamental question of whether and how people—especially queer people—can defend themselves against political instrumentalization. Ultimately, it touches on questions of personality rights, data privacy, political instrumentalization in campaigns, and how queer topics are handled in public spaces.
Laut einem Bericht der “Badischen Zeitung” aus dem gut besuchten Gericht vom Mittwoch — einem Gütetermin, der ohne Einigung in einer Verhandlung und einem Urteil endete — hatte die AfD eine Frist zur Unterlassung verstreichen lassen. Das Landgericht erließ am 15. April eine Einstweilige Verfügung, gegen die die Partei Widerspruch einlegte.
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Instagram / bz_freiburg | Videobeitrag der “Badischen Zeitung”
According to the court, the AfD should not have published the image without consent: the relevant provision of the Kunsturhebergesetz applies here. It allows exceptions for people of public interest, which the party argued also applied to the image and its use as promotional material. However, the court treated it as an exception to the exception, suggesting that legitimate interests might override the use—such as connections to accusations of physical abuse against children.
The Judgment Is Not Yet Final
As the newspaper noted, the party now faces the full litigation costs, totaling almost €6,000, though it may still appeal. Dita Whip also plans to pursue damages. According to Badische Zeitung, she has filed roughly 30 complaints about hateful comments online.
The newspaper praised the drag queen’s stance against the AfD in an editorial: “That the regional court granted the request can be counted as a win—not only for her, but also for the queer community. No one, not even a publicly active and politically engaged person, should tolerate a party misusing their likeness for political purposes. AI-generated, politically motivated collages can indeed be problematic.”
