The mayor of Nice will not be able to force the wearing of a mask in transport again as he had planned 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 the wearing of the mask still retains a usefulness and is “strongly recommended” by the authorities of the State”, the court notes that “the existence of compelling reasons specific to the municipality making it essential to enact the disputed measure n has not been demonstrated, the mayor therefore not being able to exercise his general police power in place of the 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”.
Requested by 20 minutes, the town hall of Nice did not react immediately. 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.