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Covid-19. The decree of Nice, which forces the return of the mask in transport, suspended by justice;

The municipal decision of the mayor of Nice, Christian Estrozzi (ex-LR), which imposed the return of the mask on public transport in the Nice metropolitan area from Monday, was suspended by the justice on Friday, July 8. The Administrative Court of Nice, in custody of the four applicants, considered that no “weighty reason specific to the municipality“I didn’t”adoption of such a measure is essentialwho, according to his prescription, therefore bears “serious and manifestly unlawful interference“to”freedom of movement“and”the right of everyone to respect his personal freedom“.

On Monday, the mayor of Nice and the other mayors of the metropolitan area of ​​Nice decided to go further than the government, which at the moment has only recommended wearing a mask on public transport, given that this last. “must come” considering the healthcare evolution in the country. In his order, the temporary relief judge notes that Prime Minister Elizabeth Bourne recalled in her speech in Parliament on Wednesday: “Wearing a mask is strongly recommended, but not mandatory.”

Christian Estrozzi is “concerned”

Although the mayor certainly has general police powers, “which allows action to be taken to combat the health crisis”the judge reminds that only h can do this “The dual condition of proving the existence of special local circumstances and not jeopardizing the consistency and effectiveness of the measures taken by competent state bodies for this purpose.” Conditions that the administrative judge finds not met in Nice, where in particular “Tension level in intensive therapy”. It was on July 7 “By 14% in the Alpes-Maritimes department, against 20% nationally.”

therefore “The existence of valid reasons specific to the municipality that make it essential to adopt this measure, despite the special situation with tourism during the summer school holidays, has not been proven.” “I take note of the decision of the Administrative Tribunal. The mayor of Nice responded on Twitter. I note that the incidence rate in the Alpes-Maritimes department today is 1,397 per 100,000 inhabitants and that the positive rate of virological tests is 30.65%. I continue to be concerned about the exhausted hospital staff, the high attendance in our area this summer, and the risk of hospital strain if this Channel 7 continues to make such dazzling progress.

Unable to enforce wearing a mask in transport, Christian invited Estroz “Everyone will be responsible”: “The health of the most fragile, the preservation of our economic activity and the conditions for preparing for the start of the school year are at risk. In the face of a resurgence of the pandemic, it’s a decision that’s important so that everyone can enjoy this season without putting our healthcare system at risk.”


Source: Le Figaro

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