In the legal battle between the government and its health measures at sports halls, the seconds lost a first round on Wednesday.

The Gironde prefecture has not agreed with these rooms, which are fighting against their closure, in the midst of the coronavirus epidemic.

It was the first of fifteen trials.

Sports and fitness centers lost on Wednesday in Bordeaux the first of the fortnight of lawsuits they launched throughout France against their closure for two weeks in metropolitan areas, in order to fight against the spread of the coronavirus.

The first of fifteen appeals filed across France, Franceactive-fnel - a professional union representing operators of sports halls - and the Keep Cool franchise separately attacked the Gironde prefecture decree of September 25 ordering theaters are closed until October 10.

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During the two summary hearings, Tuesday at the administrative court of Bordeaux, the lawyers of the sports halls had argued of the infringement of the freedom of trade, of the disastrous financial impact for the survival of the companies concerned, of the inequality of treatment facing restaurants and bars.

And above all they had contested the health argument.

Maître Florent Verdier, for Franceactive, Maître Fleur Jourdan, for Keep Cool, had in particular insisted on "the absence of a cluster in the sports halls thanks to the very rigorous health protocol implemented", with strong distancing and limited number of practitioners , and highlighted "sport as an element in the fight against" Covid-19.

"Break the reproduction of the virus"

They referred to an American study "which makes it possible to establish that the risk of contamination is 500 times lower for those participating in sports halls compared to the rest of the population".

And concluded that "the impact of the closure of sports clubs on the spread of the virus is not established".

The prefecture of Gironde, for its part, had invoked through a medical adviser from the Regional Health Agency the "health risks associated with aerosolization", risks "now scientifically established", with regard to closed spaces without wearing a mask like sports halls.

She had cited cases of contamination in a dance hall this summer in the metropolis, and in sports clubs in September - even without a cluster.

The prefecture also recalled the issue: "over a period of 15 days, break the reproduction of the virus" in a context of heightened alert in Gironde.

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The summary judge of the administrative court dismissed the sports halls.

In its ordinance, of which AFP has had a copy, it considers that the prefectural decree "does not call into question the possibility of practicing sports activities" but "aims only to prohibit, for a period in time limited to 15 days ", activities in closed and covered places which" promote accelerated circulation of the virus ".

As a result, the closure measure "does not appear disproportionate with regard to the objective of protecting public health pursued".

"A two week effort"

"It's a terrible injustice," responded Guillaume Schroll, vice-president of the France Active union, which says it represents some 1,600 companies employing 6,000 to 7,000 people.

For him, nothing justifies this closing of the rooms, where "there are no proven clusters" and where the contamination figures are "derisory".

According to him, 16 similar appeals have been launched in France.

Nine hearings were to be held this Wednesday, five more Thursday.

"We hope that it is not over. We believe in it even if it is a somewhat unequal fight" against the State, he added.

The prefect of Gironde Fabienne Buccio asked the gyms for a little patience, and "a two-week effort".

"We will take stock at the end of next week", she said with a note of hope: a "still fragile decline is beginning" locally on the incidence of Covid: 140 per 100,000 inhabitants in Bordeaux, against 170 two weeks ago, and 160 per 100,000 in the metropolis, against 210 ten days ago.

She also recalled that "we do not leave all alone" the closed establishments.

The Minister of Health Olivier Véran promised on Tuesday that the sports halls will benefit from "economic support" and that their representatives will be received in Bercy.