Ariège. The prefectural decree imposing the wearing of a mask throughout the department deemed illegal
The Toulouse administrative court ruled on Thursday, December 24, 2020 that the order of the prefect of Ariège imposing the wearing of a mask throughout the department is illegal. The order of the prefect of Ariège imposing the wearing of a mask throughout the department deemed illegal by the Administrative Court of Toulouse
The order of the Prefect of Ariège imposing the wearing of a mask throughout the department is deemed illegal by the Toulouse Administrative Court (© Archives / G.L. / Actu Toulouse) By Guillaume Laurens Posted on 24 Dec 20 at 14:10
This is a blow to the new Prefect of Ariège. Just appointed state representative in the department, in the midst of a health crisis, Sylvie Feucher took the day after her arrival, on December 15, 2020, an order requiring the wearing of masks in public spaces throughout the department.
But the Toulouse administrative court just announced Thursday, December 24, the illegality of his order. Explanations. Read also Ariège. Wearing a mandatory mask is extended in public spaces until the end of January 2021 The mask is compulsory everywhere, until January 20 To justify her decision, observes the administrative court, the representative of the State relied on the decree of October 29, 2020 which, in the context of the state of health emergency, authorizes the prefect to make the wearing of the sanitary mask. compulsory "when local circumstances so require". She had therefore taken a decree imposing "until January 20, 2021 the obligation to wear a sanitary mask throughout the public space of the department, to people 11 years and over and, as far as possible, to children from 6 to 10 years old, except when they practice a physical or sports activity ”. "Attack on a fundamental freedom" Seized of a "serious and manifestly illegal attack on a fundamental freedom", in this case "the freedom to come and go and the right of everyone to respect for their personal freedom", the summary judge had 48 hours to decide. utter, and he retained the urgency. "Restrictive measures must remain the exception"
After having raised that "measures restricting fundamental freedoms must remain the exception", the administrative court considers that "the competent authority is not exempt from verifying whether these restrictions are justified by local circumstances". And he believes that in this case, the conditions are not right in Ariège.
The summary judge considered that the local circumstances, while the department of Ariège has a population density of 31.2 inhab./km² (national average 112 inhab./km²), an incidence rate of 74, 1 per 100,000, i.e. 0.0741%, significantly lower than the national average, and a positivity rate of 3.8%, did not make it possible to establish the need for a general obligation to wear a mask in the entire department and in particular in areas where physical distancing can be respected, while the wearing of a mask is already imposed in public and collective private enclosed places. Toulouse administrative tribunal
The prefect has until December 31 to review her copy "Given the interference with personal freedom and lack of public interest sufficient to maintain the provisions of the decree", the judge gave the Prefect of Ariège until Friday, December 31 at 15 hours to modify the prescriptions of its decree.
Case to be continued.