- The League for Human Rights had attacked the decree taken by Christian Estrosi to force the wearing of the mask in public space.
- The town hall decided to repeal its text Sunday evening to take a "more suitable".
- It is now compulsory only when there is "an incompatibility with the requirement of the rules of social distancing".
Obligation to wear a mask or not? On this Monday of deconfinement, some Niçois were a bit lost. And for good reason. The announcement, mid-day when he was under legal attack, of the repeal of the municipal decree regulating its use in public spaces. Decision taken to take another "more suitable", says the town hall.
The new text, arrived in the prefecture in the afternoon, requires the wearing of the mask "on the public domain and its dependencies and on public places likely to welcome the public" but under certain new detailed conditions. Very detailed. And when there is "an incompatibility with the requirement of the rules of social distancing".
When crossing in confined places
It must in particular be worn during a “movement, crossing and / or movement of people in a narrow, cramped and / or confined place” or even in “a simultaneous, untimely and concomitant gathering of people, in the same place " PVs are provided for offenders, but the new rules appear difficult to control. This new text is only “temporary”, specifies the town hall. A third is expected after the promulgation of the health emergency law.
LR Mayor of Nice Christian Estrosi had made his first decree concerning all "public space" from May 7 for an application from this Monday. He repealed this text Sunday evening, a few hours before a hearing at the administrative court where he was attacked via two appeals filed in particular by the League for Human Rights.
At the hearing, this Monday, the city's lawyer Me Adrien Verrier justified the repeal of the text, which occurred at a late hour "to take a more suitable one". He also defended the merits of the previous text, warning against a possible second wave of the disease: "We had to prepare for deconfinement by positive acts," he said.
Not possible to “go against the law”
Mireille Damiano, lawyer of the League for Human Rights and also candidate of the list of citizens and of the left in the first round of municipal elections on March 15, for her part quipped at the secret repeal of the order, published "On a small dedicated site" where "you have to be extremely curious to see what is going on". The deletion of the text shows, in its view, that Christian Estrosi knew "perfectly that he [could] not go against national law" and that he risked being disowned in court.
Our file on the Covid-19
The LDH had already obtained on April 17 a favorable decision of the Council of State concerning the same type of decree taken by the city of Sceaux (Hauts-de-Seine) on the principle that the mayors do not have the power to worsen health measures taken by the government.
Deconfinement
The decree of Christian Estrosi imposing the wearing of the mask attacked in justice
Did you see ?
A boar on a stroll on the Croisette the day before deconfinement
- Deconfinement
- Covid 19
- Confinement
- Coronavirus
- Nice