Today, the judge considered the duty of masking that applies in five busy areas of the city. The case was initiated by Ab Gietelink, a resident and cultural entrepreneur of the Red Light District and is supported by the Virus Truth action group. They assume that they will ‘win with flying colors’.
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‘A competition between the presidents of security regions to see who succeeds with impunity to restrict fundamental rights the furthest’, ‘it is criminal to make the elderly wear a mask’ and ‘it is unhealthy, dirty, unpleasant, degrading, irrational, anti-social and disproportionate ‘.
The statements do not lie: with these kinds of strong accusations, protest group Virus Truth and resident of the Red Light District Ab Gietelink are fighting against the duty to mask. Previously, market traders from Albert Cuyp also hooked up, but they ‘just’ have to object to the duty with the municipality.
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Since 5 August, the obligation to wear has applied in five busy places in the city: the Red Light District, the Kalverstraat and Nieuwendijk and during market times on the Albert Cuyp market and Plein ’40 – ’45. But according to the plaintiffs, the duty to mask the mask goes against Article 10 of the Constitution: the right to respect for privacy.
Restricting the constitution with an emergency ordinance, as is happening now, is possible. But: only if there is a need. In addition, there must be plans for a formal law, but that is still not forthcoming. Several professors and lawyers, including from the UvA, have already questioned the obligation to contribute.
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‘Hospitals are empty, morgues are empty, there are no sick people to be seen’
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‘We are all piling up measures on full air. Hospitals are empty, morgues are empty, nothing is happening. It’s just a government screaming and shouting that we have a problem. There are no sick people to be seen, ‘says Jeroen Pols on behalf of Virus Truth. According to him, the effect of mouth masks has not been proven and the current tests are incorrect.
But according to the Safety Region, there is a need for that and the masks are therefore necessary. Previous measures, such as one-way traffic and the placement of signs, had too little effect. In addition, the masks are not intended to stop the virus, but as behavioral change.
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‘In addition, the duty to mask people restricts people’s freedom of movement to a very limited extent, because in Amsterdam there are enough alternatives to go shopping or to go to the market. All other people can avoid this area, ”says Jessey Liauw-A-Joe Security Region lawyer.
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‘We are gradually no longer trusting the municipality’
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The trial with the mouth caps will last until the end of August. It is then evaluated whether it has had an effect. For Virus Truth and Gietelink it sounds like an excuse to open the door to more extreme measures: ‘We no longer trust the municipality. I am also concerned that it is not limited to these areas. If this experiment succeeds, I can expect it to be spread across the rest of Amsterdam, ‘says Gietelink.
On Wednesday afternoon, the judge will rule.
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