A decree of the prefect of the Marne imposing the wearing of a mask in certain municipalities including eleven of less than 3,500 inhabitants, infringes individual freedoms, and must be amended by Wednesday, enjoins the justice in an ordinance Tuesday, December 1.
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This decree, taken on October 30 and then extended to run until February 16, 2021, required the wearing of a mask outdoors in all municipalities with more than 3,500 inhabitants of the department and eleven smaller ones, in particular in the agglomerations of Reims, Châlons and Vitry-le-François.
About ten residents had taken legal action, believing that the obligation was geographically too broad and insufficiently justified.
“
The prefect is only empowered to take measures making the wearing of a mask compulsory in open public spaces in which physical distancing can be respected only if there are local circumstances
”, considers the administrative court of Châlons-en -Champagne in its ordinance published Monday.
In addition, the contested text “
does not distinguish vis-à-vis the territory of these municipalities the built-up part of that which is not, imposing, consequently, the wearing of the mask in the non-urbanized parts, therefore devoid of 'inhabitants, without the usefulness of this obligation being justified
”, continues the administrative judge, seized in summary proceedings.
The decree "
relates to the freedom to come and go and the right of everyone to respect for their personal freedom, a serious and clearly illegal attack
", he still believes, ordering the prefect to review his copy before Wednesday in 12h00.
"
The World Health Organization notes the advantages and disadvantages of wearing a mask which, while it is useful in closed places and during gatherings of people, is not in open spaces where the rules of distancing social can be applied
”argued Me Mathieu Malblanc at the hearing.
The need to "
justify local circumstances
" is particularly valid in the small municipalities targeted, "
mainly rural
", according to him.
At the hearing, the representative of the prefect argued that "
the available health data made it possible to establish the effectiveness of the measure
", stressing that a "
progress point
" was scheduled for December 15.
This is the second time that the administrative court of Châlons has ordered the prefect of the Marne to review his copy on the obligation to wear a mask.
In September, a decree concerning the city of Reims also had to be amended so as not to impose the mask on the entire city.