It looks like a tasteless joke, but those responsible claim an innocent mistake. In Germany, where display of the Swastika and other symbols of Nazism are verboten, the contractor is in legal trouble either way.
After being spotted at a construction site in Goslar, city officials immediately demanded the removal of the design–but not before 50,000 facebookers had shared it, according to NBC News.
It looks like the claim that it was a random arrangement will be accepted by police, but I'm skeptical.
Given a) the relative size, shape and variation of rectangles in the design, and b) the requirement that they tessellate, and assuming c) the ratio of red to blue bricks as depicted in the photograph … what are the odds?
The first person to post a link to a convincing simulation or illustration will win a prize of no value but infinite reward.