After Paris, Lyon, Nice, Montpellier or Lille and Strasbourg, last Friday in Dijon, at least one appeal relating to the obligation to wear a mask outdoors had been filed. This request asked in particular “to order the prefect of Côte-d’Or to modify the decree […] of September 3, 2020 making it compulsory for people aged 11 and over to wear a mask in the municipalities of Dijon, Chenôve, Talant, Longvic, Quetigny, Fontaine-lès-Dijon, Saint-Apollinaire and Ahuy, in order to better delineate the portions of the public highway and the time slots during which the wearing of a mask is required ”.
What the applicant requested
The applicant mainly maintained that: “The prefectural decree in dispute, by imposing an overly general obligation which is not proportionate to the circumstances of time and place, seriously, immediately and manifestly undermines the freedom to go and to come and to the personal freedom of people called to move on the territory of the municipalities concerned ”; “The urgency arises from the fact that the infringement of the fundamental freedoms mentioned above requires a safeguard measure at short notice”.
Monday, September 7, the case went to the administrative court of the Burgundy capital. This while, the day before, Sunday, the department of Côte-d’Or was classified in the red zone, which means that the virus operates an active circulation there.
The prefect has 48 hours to take a new order or modify it
This Wednesday morning, we were able to take note of the order of Tuesday, September 8 of the administrative court of Dijon. The text concludes by enjoining the prefect of Côte-d’Or “to make a new decree or modify his decree of September 3, 2020, within forty-eight hours from the notification” of the order, ” in order to limit, in the municipalities concerned, the obligation to wear a mask that it provides to perimeters making it possible to coherently encompass places characterized by a high density of people or a difficulty in ensuring respect for physical distance ” .
More info to come.
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