The bar owners challenged this Monday during a hearing at the administrative court of Rennes (Ille-et-Vilaine) a prefectural order ordering the closure of bars at 11 p.m. due to the acceleration of the circulation of Covid-19 in the Department.
The Ille-et-Vilaine hotel industry union chamber (Umih35), representing bar managers, used an emergency summary, an emergency procedure, to obtain the annulment of a measure which according to them “ infringes on the freedom of enterprise ”.
Me Anne Vimont-Gaboury and Me Rachel Corillon, their lawyers, denounced a "strictly disproportionate" measure based on "marginal events".
The decree refers in particular to a gathering of nearly 3,000 people in the hypercentre of Rennes on the night of September 10 to 11 and to an evening of medical students at the origin of a large cluster.
A "counter-productive" measure
The great majority of bars have respected the health protocol, recalls the Umih35, only five establishments having been put on notice.
"Customers will not go home after 11 pm, they will go to each other and create new clusters," argued the lawyers, who denounce a "counterproductive" measure.
“Night bars make 70% of their turnover in 11 pm and 3 am.
Such a loss is sufficient to complete them financially, while many are already on the ground, ”they raised to justify the urgency of their request.
Noting an inequality of treatment between bars and other establishments serving alcohol (restaurants, cabarets), the lawyers finally noted "a clear distortion of free competition".
"This is the most targeted response possible"
The prefecture of Ille-et-Vilaine, through the voice of the sub-prefect Ludovic Guillaume, defended a decree "necessary in view of the health situation in Rennes", where the incidence rate is now 142 cases per 100,000 inhabitants.
As the spread of the virus is accelerating particularly among young people, "it is the most targeted response possible in relation to this age group to put an end to risky behavior," said Ludovic Guillaume.
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The decision of the administrative court is expected within 48 hours.
