Can a mayor impose the wearing of the mask in all public space at the beginning of deconfinement? In Nice, that's what Christian Estrosi wanted to do. On May 7, the city council signed a decree to this effect. As of this Monday, May 11, at 8 a.m., all Niçois aged over 11 were supposed to have to wear the mask on the entire public highway, until 8 p.m. Failure to comply with this obligation was punishable by a fine of 35 euros.
In the aftermath, the Human Rights League announced that it had filed an appeal before the Council of State to contest its legality. She said that she based her argument on the decision made concerning the town of Sceaux. On April 15, the Council of State had decided to revoke an identical decree, finding that the town halls could "take other measures intended to fight against the health catastrophe" than those decided by the State, except "compelling reasons linked to local circumstances ”.
Christian Estrosi promises a new decree
"If no one disputes the usefulness of wearing a mask, it is important not to aggravate the measures taken within the framework of the state of health emergency without proven local necessities," wrote the LDH this Sunday in a press release. None of the considerations put forward by the mayor of Nice, especially not a virus with nocturnal eclipse or a possible tourist influx, constitute such local necessities in a municipality classified "green" by the government. "
The hearing of the Council of State was to be held this Monday afternoon, at 2 p.m. Except that everything did not go as planned. The extension of the state of health emergency could not be promulgated in time. The decree of Christian Estrosi thus became obsolete and the mayor was forced to withdraw it. This Monday, Christian Estrosi announced on Twitter that he had decided to issue a new decree, "in order to cite the legal basis of the decree released last night as it will have to do once the emergency health law is published," he wrote. I will not give up anything to protect the people of Nice ”, he still justified himself.
A new decree for the wearing of the #masque mandatory on public space will be published in a few minutes to cite the legal basis of the decree released last night as it will have to do once the health emergency law is published. I will not let go of anything to protect the people of Nice.
- Christian Estrosi (@cestrosi) May 11, 2020Contacted on the subject, the Ministry of the Interior merely reminds us of the government's position. “The doctrine regarding the wearing of masks after May 11 was given by the Prime Minister to the National Assembly. Masks are additional protection for barrier gestures. The wearing of the mask will therefore be recommended in public space, compulsory in public transport and in certain businesses if traders require it, but there are no plans to make it compulsory in all public space. "
Also attached, a government source would like to recall that "the State Council has already ruled on them and confirmed that the mayors could not take such a decision except in exceptional circumstances". One way, no doubt, to take some distance from these municipal initiatives and to recall that in the event of an appeal, the Council of State would well risk breaking the decrees.