Like last year, the transition to the New Year will not be celebrated in nightclubs.
The Council of State on Wednesday rejected the appeal of the National Union of Discotheques and Leisure Places (SNDLL) against the closure of discotheques decided by the government, deeming it justified in view of a "clear deterioration" of the health situation and the “inherent contamination risks” of dancing in closed spaces.
Seized in the context of interim relief proceedings, the Council of State estimated, two days after a public hearing, that the closure of these establishments from December 10 to January 6 was justified by "the objective of limiting spread of the epidemic ”, in the face of the fifth wave of Covid-19.
"Risks of contamination inherent in a dance activity"
Noting that "the sanitary and epidemiological situation has clearly deteriorated for several weeks" under the effect of the Delta and Omicron variants, the Council of State considers that this "may result, in the short term, by an increase hospitalizations, including critical care ”.
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However, in nightclubs there are "risks of contamination inherent in a dance activity in closed spaces, including close physical contact in a festive atmosphere which cannot guarantee compliance with the rules of distancing and barrier gestures to prevent the transmission of virus, which mainly takes place by respiratory droplets, ”says the judgment.
Thus the measures proposed by professionals to limit the spread of the epidemic - weekly and shortened opening, installation of air extractors, payment at the entrance to avoid the handling of cash in the room or at the bar… -, do not are they "not likely to limit the risk of contamination attached to the dance activity itself", says the Council of State.
No breach of "the principle of equality"
As for the alternative measures to the closure that could be taken - establish a gauge, limit the number of consumers and dancers on the dance floor, or even restrict the activity of nightclubs to that of bars, as proposed by the SNDLL union - they do not. would be "not as effective", he continues.
Likewise, a regional ban would not have been adapted to an epidemiological situation with “globally homogeneous characteristics on the national territory”.
Finally, the fact of leaving open other establishments open to the public does not in itself "infringe the principle of equality", affirms the Council of State, refuting all the union's arguments.
In fact, the decree of December 7, 2021, he recalls, prohibits “all dance activities” including in restaurants and bars.
