Covid-19: why the wearing of a compulsory mask outdoors in Paris has been suspended by the courts

The beginning of a long series?

After the Yvelines, it is in Paris that the wearing of the compulsory mask outdoors, imposed by the prefect of police just before the New Year, was suspended in court.

The decision was announced by the Paris administrative court on Thursday evening, but its full rationale was not immediately available.

In its order, which Le Parisien was able to consult this Friday morning, the Paris administrative court first confirms the “urgent” nature of this request, in particular with regard to “the physical and respiratory constraints represented by the wearing of the systematic mask in outside” and “the obstacles that this obligation induces in terms of communication and social life”.

Disproportionate measure

On the merits, the judge in summary proceedings recalls that the measures to combat Covid-19 “must be strictly proportionate to the health risks incurred” and “appropriate to the circumstances of time and place”, but also “justified by the epidemiological situation observed. in the territory concerned”.

More specifically, and as the Council of State reminded us on Tuesday evening, they "can only be proportionate if they are limited to places and times of high population circulation that do not allow physical distancing to be ensured and to places where people can congregate, such as markets, gatherings on public roads or shopping town centres”.

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In this case, the wearing of a compulsory mask outdoors everywhere in Paris “excluding the Bois de Boulogne and Vincennes” and in the three main airports in the Ile-de-France region “does not meet” these imperatives.

The decree is therefore suspended.

“The decree is illegal because it carries a general and absolute obligation, which is only very rarely admitted by the administrative judge”, rejoiced Thursday evening with the Parisian Paul Cassia, university professor and one of the three applicants.

The prefecture now has the possibility of issuing a new order.

Thursday evening, a police source told us to wait to learn of the reasoned decision to react officially.