The courts have suspended the municipal decree of Nice Christian Estrosi (ex LR) which imposed the return of the mask to public transport in Nice from Monday.
Four applicants were taken into the Nice administrative court. They considered there was no "compelling reason" that made it "essential" for the enactment "of such a measure". According to their order, this carries a "serious, manifestly illegal" right to "freedom to come and go" and "to everyone's right to respect for personal freedom."
On Monday, the mayor and other mayors of Nice decided to go beyond the government's recommendation. At the moment, they only recommend wearing a mask on public transport. However, given the recent developments in health in the country, this will be required by the government.
The judge recalls that the mayor may have a general police power "which allows him take measures against the health crisis", but that it is only on the condition of "the double condition" of proving the existence of special local circumstances, and not to compromise consistency and effectiveness of measures taken by the competent authorities.
The administrative judge deems the conditions in Nice not met. On July 7, the "tension rate" in intensive care was "14% in the AlpesMaritimes department, compared to 20% at the national level". "The existence of compelling reasons specific for the municipality rendering the enactment necessary, despite the special situation related to tourism during summer school holidays has not been proven."
Clement Beaune, Minister Delegate for Transport, reiterated Friday his call to wear a mask when traveling on vacation while not making it an obligation. Faced with the recent outbreak in Covid-19 cases Elisabeth Borne called for "vigilance" to ensure that masks are worn in areas where there is a lot of people. The prime minister denied that she plans to make it a national obligation.
This Friday, France crossed the threshold of 150,000 deaths due to Covid-19. It was done against the backdrop of an increase in reinfections.
