No longer present a health pass to enter the major shopping centers of the capital? This is what is about to plead Me Tarek Koraitem, before the administrative tribunal of Paris. The lawyer from Versailles, who opened a breach by already canceling the orders of the prefects of Yvelines and Essonne, filed a new appeal on Sunday. It was preceded, on Friday, by the South Commerce union. At the beginning of the month, the government asked the prefects to impose the sanitary pass for surfaces of more than 20,000 square meters, in the departments where the incidence rate of the epidemic exceeds 200 per 100,000 inhabitants over a region. week.
Since August 16, customers are therefore requested to present their QR code in 8 Parisian centers: Italie 2 (XIIIe), Beaugrenelle (XVe), Vill'Up (XIXe), BHV Marais et la Samaritaine (Paris Center), the Galeries Lafayette Coupole and Printemps Haussmann (9th), as well as at Bon Marché (7th). In these establishments, they must justify a complete vaccination course, or be in possession of a negative test of less than 72 hours.
Where the shoe pinches?
"The decree of the Paris police prefect, reproduced in Yvelines (78) and Essonne (91) does not at all indicate an exception yet included in the law of August 5: free access to basic necessities. , without having to present a pass, points to Me Koraitem.
Imagine a mother with her sick baby in her arms, who forgot her QR code and was denied access to a pharmacy housed in a shopping center?
This decree can obviously create dangerous situations and distress.
I am neither for nor against vaccination: I am simply for the application of the law ”, thunders the lawyer.
"A provision that generates inequalities between citizens"
“On the other hand,” he continues, “it is a provision that generates inequalities between citizens: firstly because not everyone has a small convenience store at their disposal. Then, the prices charged there are higher than those offered in supermarkets. To bring the case in summary, Me Koraitem will act with a colleague, Me Marc Montagnier, who will bring the appeal both as a lawyer and inhabitant of Paris.
Both are hopeful of winning their case, aware that a breach has been opened, with the two victories in 91 and 78: the administrative justice considered that the restrictive measures imposed generally apply. to all businesses located in department stores and do not provide for any arrangements to reserve access for people who do not have a health pass, to establishments selling essential goods, in particular food. A decision is also expected in Seine-et-Marne (77). Another lawyer, Me Yoann Sibille, seized the administrative court to request the annulment of similar orders in Hauts-de-Seine (92), Val-de-Marne (94) and Val d'Oise (95) ).
"It's a real gas plant!" Annoys Laurent Degousée, co-delegate of Sud Commerce, who filed Friday a freedom summary requesting the suspension of the prefectural decree. As of August 23, he adds, we sent 8 free appeals to Ile-de-France prefects on two grounds: the health situation does not currently justify the measures taken, with regard to the incidence rate. Paris is even in very clear decline. On the other hand, the decrees prevent access to basic necessities, not only food and pharmacy, but also stationery and bookstores. These decrees caused such a shock wave that we received hundreds of calls from individuals, but also from employees and employers, on the telephone line dedicated to this subject… ”
