For the Administrative Tribunal, the decision of the police prefect, Didier Lallement, restricted the freedoms of each without being proportionate.
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The measure restricted the freedoms of each without being proportionate, it is therefore suspended. The Administrative Court of Paris questioned, Thursday, January 13, the decision of the police prefect, Didier Lallement, who made the port of the outdoor mask mandatory in all Paris and at any time of the day and the night since December 31 , one of the most spectacular and most disputed omicron variant measures. The decree “does not meet the imperatives of strict proportion to the health risks incurred”, and must therefore be suspended, considers the Tribunal. The day before, the Versailles court suspended a similar decree taken by the prefect of the Yvelines.
“impose the port of the mask everywhere outside is absurd, counterproductive and atstatatoration to freedoms, so we are very satisfied with the decision of the Tribunal,” rejoices the lawyer Jean-Baptiste Souffron, who pleaded for the Suspension of the Paris Order. The police prefecture, for its part, waited on Friday morning to know the detailed motives of the suspension to react, and perhaps taking a new decree. “In the Hauts-de-Seine, the administrative judge has just validated a prefectural decree very similar to ours, so we need to read the Ordinance of the Paris Court to see clearly,” says a leader of the prefecture.
In the face of the resurgence of the COVID-19 epidemic, the Government had prompted the prefects to act, for example by imposing the port of the mask again in some places. In Paris, one of the cities of France where the virus circulates most actively, the prefect, Didier Lallement, had opted for a simple, readable, but drastic measure, making the mask compulsory everywhere, day and night, for everyone except children under 11 years old. During the summer of 2020, the prefecture had imposed the mask outside only in some streets, then some areas, a device judged a posteriori too complex: “Nobody knew whether or not it was in a street where c ‘was mandatory, and the measurement proved impossible to do well “, we recognize the prefecture.
” Do in lace “
The decree of the end of December has born Jean-Baptiste Souffron and three professors of law attached to public liberties, Paul Cassia, Samuel François and Laura Vitale. They first deposited a referee-freedom, rejected for lack of emergency. Then they insisted, with a request in suspension reference. In the meantime, the Council of State had, in a decision rendered on 11 January, set a general framework. “The prefects can not impose the port of the outdoor mask only at certain conditions: it must be limited to places and hours of high population flow when physical distancing is not possible, and only if the local epidemiological situation justified “, according to the highest administrative court.
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