Justice suspends the decree of Christian Estrosi requiring the wearing of a mask in transport

The mayor of Nice will not be able to oblige again to wear a mask in transport as he had planned it from Monday. Seized by two applicants, the interim judge of the administrative court of Nice suspended this Friday the execution of the decree taken by Christian Estrosi on July 4, according to a decision consulted by 20 minutes.

“If wearing a mask still retains a utility and is “highly recommended” by state authorities “, the court notes that “the existence of compelling reasons specific to the municipality making it essential to enact the disputed measure has not been demonstrated, the mayor therefore not being able to exercise his general police power instead state authorities”.

The decree “provides freedom to come and go”

The judge in summary proceedings also considered that “the contested decree, which is moreover likely to concern persons not residing in the municipality but having to move there, relates to the freedom to come and go and to the right to everyone to the respect of his personal freedom a serious and manifestly illegal attack”.

Through a press release, Christian Estrosi said “to take note of this decision”. “I therefore invite everyone to take their responsibilities: the health of the most fragile is at stake, the preservation of our economic activity and the conditions for preparing for the start of the school year,” he reacted. He also indicated that he was “concerned about the exhausted hospital staff, the high attendance of our territory during this summer period and the risk of hospital tension. »

In the Alpes-Maritimes, the incidence rate, the number of cases per 100,000 inhabitants, reaches 1,379, according to the latest count from Public Health France. The department is hardest hit in Paca, where the average is 1,136.

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