Wearing a mask is compulsory in Nice and in seventeen other communes of the Alpes-Maritimes -

SYSPEO / SIPA

  • The town hall of Villeneuve-Loubet appealed to the administrative court of Nice to suspend the prefectural decree imposing the wearing of a mask on the entire town.

  • The prefecture retorts that it is a public health measure decided for the sake of "readability".

  • The administrative court sees it as a “disproportionate” obligation and gives the prefect three days to review his copy.

“Disproportionate obligation”, which “infringes on individual freedom”.

This Wednesday, it was the municipality of Villeneuve-Loubet which developed these arguments, which have become classics of appeals against the decrees requiring the wearing of a mask in outdoor public places as part of the fight against Covid-19.

Here, it is a prefectural decision that is involved.

The one that has applied since September 11, from 8 a.m. to 1 a.m., in 18 communes in the Alpes-Maritimes, including Villeneuve-Loubet.

The Nice Administrative Court finally retoked the text in the evening.

The decision had made the mayor jump.

Lionnel Luca (LR) immediately denounced "a unilateral and brutal decision".

On Tuesday, he even launched a provocative poster campaign featuring a masked boar, a reference to the presence in the town of many forests where quadrupeds outnumber humans ...

It's not an act of rebellion

“The decree is general and comprehensive over the entire municipality while 70% of our territory is classified as wooded natural space, therefore pleads before the administrative court of Nice Mathias Pinet, the deputy director general of the services of Villeneuve-Loubet.

“This appeal (a summary release) is not an act of rebellion.

We are not hostile to wearing a mask outdoors, we have already implemented it in certain sectors.

But not throughout the town!

A fundamental freedom has been achieved, ”he argues to obtain the suspension of the prefectural decree.

Arguments which convinced the judge in summary proceedings.

In its decision, based on "the principles identified by the Council of State in its judgments delivered on September 6, 2020", it underlines "the lack of readability and applicability of the contested decree, and its disproportionate character even if it applies only to non-sporting pedestrians in public spaces, characterize a serious and manifestly illegal interference with the fundamental freedoms invoked ”.

Five dead in 24 hours

And above all, the judge asks the prefect "to modify his decree by taking into consideration both the demographic and urban characteristics of the town of Villeneuve-Loubet, as its insertion into a larger territorial continuity, before Saturday September 19, 2020 at 12 noon. .

Failing this, the execution of the contested decree will be suspended from this deadline.

"

The sub-prefect Yohann Toubhans had reminded the bar that "an epidemic resumption hits the department, placed in" zone of active circulation "of the virus, which requires measures.

What the prefect is doing is reinforcing in public space the wearing of a mask, which is already compulsory in public transport and in closed places open to the public.

He wanted to harmonize across the entire perimeter for greater readability.

"And concluded by revealing that" since yesterday, five patients of Covid-19 have died in the Alpes-Maritimes ".

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  • Covid 19

  • Coronavirus

  • Justice