Since the start of the week, the mask has been mandatory in all enclosed public spaces, to fight against a relaxation of good practices in the face of Covid-19. But more and more municipalities - especially the most touristic ones - now require residents and visitors to hide, even in the open air, in the busiest areas. Which cities are affected? Is this really legal? And above all, for what use? The Parisian takes stock.
Which municipalities are concerned?
On July 16, the city of Cannes (Alpes-Maritimes) imposed the mask in all the city's markets. In Nice , the mask has been in place, since May 13, in all places where the social distancing of one meter cannot be respected, and during each event organized in the town.
In mid-July, the prefecture of Finistère , faced with the "fairly rapid development" of the epidemic in the department, decided to impose the mask on the most frequented markets of the department. On Tuesday, the municipality of Concarneau also took measures: the mask is imposed on all the streets of the walled city, on the ramparts, the Petit Château, the Place St-Guénolé and the Carré des Larrons.
Another Breton department in which the wearing of a mask is compulsory on the markets, the Côtes-d'Armor, with more than 70 coastal municipalities are concerned. In Saint-Brieuc , the mask is imperative since Monday, but only in case of grouping of people. It does not apply to a person walking alone on the street. The decree concerns a large perimeter of the city center as well as “very frequented” sites.
On July 18, the city of Grau-le-Roi (Gard) once again imposed the wearing of a mask in the street, after having ordered it in a first decree from May 19 to June 1. The next day, Cilaos (Reunion) does the same.
In the Pyrénées-Orientales, Canet-en-Roussillon imposed the device on its uncovered markets on July 18. In Argelès-sur-Mer (Pyrénées-Orientales), the mask is compulsory until August 31, in the pedestrian alleys of the beach center and the markets. But no penalty is foreseen for the violators.
Tuesday, La Rochelle (Charente-Maritime) in turn took a similar decree: compulsory mask for over 11s since Wednesday in the Old Port and in the hypercentre, at least until August 31.
Is it legal?
The question is quite technical. "In terms of administrative police, we cannot impose measures of a general and absolute nature: the principle of proportionality is the rule," recalls Me François-Charles Bernard, lawyer at the Paris bar, specializing in public business law. "The measure must therefore be adapted and justified by specific circumstances", underlines the lawyer, who was approached by several municipalities of Ile-de-France on the issue of wearing a mask in public space.
Newsletter - Most of the news
Every morning, the news seen by Le ParisienI'm registering
Your email address is collected by Le Parisien to enable you to receive our news and commercial offers. Learn more
To sum up, a mayor cannot impose, without justifying it, the wearing of a mask in all the streets of his municipality. "On the other hand, he will be able to impose it in certain places of the city, if he is able to demonstrate that we do not have the guarantee of being able to enforce social distancing measures there: I am thinking of ways very narrow, very busy tourist alleys or even markets, where the crowding is very strong, ”explains Me François-Charles Bernard.
By definition, any police measure can be contested via a summary liberty procedure, which requires the judge to rule within 48 hours. “A mayor therefore has an interest in being able to quickly demonstrate, in the event of a dispute before an administrative tribunal, that he has made his decision in an informed manner. On the basis of a report from its technical services, for example, ”insists the lawyer.
Because some municipalities have already broken their teeth. Starting with the city of Sceaux (Hauts-de-Seine), which had seen its decree suspended on April 9 by the administrative court of Cergy-Pontoise. Decision subsequently confirmed by the Council of State.
Is it useful?
Not really, say many specialists. “As long as we know that transmission is first via droplets, I do not see the relevance of wearing a mask in the street,” says Jean-Daniel Lelièvre, the head of the infectious disease department of Mondor hospital, in Créteil (AP-HP).
Droplets are these little postilions expelled by an infected person when they cough or sneeze, but also when they speak. This humid environment acts as a vector for the virus, which can infect another person if it reaches their mouth, nose or eyes.
But these 5-10 micron droplets are relatively heavy and fall quickly. They do not stay suspended in the air. Once deprived of its wet envelope, does the virus survive suspended in the air? And is it active enough to infect new people?
If such a mode of transmission, said by aerosols, “cannot be excluded” recently recognized the World Health Organization (WHO), “it is especially in confined spaces, very frequented and poorly ventilated, that you are at risk of transmitting the disease, ”insists Jean-Daniel Lelièvre. “But in the open air, there is no risk,” reassures the specialist. “Unless, of course, the rules of social distancing cannot be respected. I am thinking of stadiums, festivals or markets, ”he emphasizes.
And Jean-Daniel Lelièvre to warn: "wearing a mask in the street can even turn out to be counterproductive". “The mask must be used optimally and intelligently. You have to be careful not to touch it constantly, or lower it or raise it, ”he warns. “The less you wear it, the better you wear it. It is therefore better to reserve it at the most relevant times: public transport, enclosed spaces, etc. "