The judge in chambers of the administrative court of Nice, seized by four applicants, considered that no «compelling reason specific to the municipality» made «essential the enactment of such a measure» which, according to his order, therefore bears a «serious and manifestly illegal attack» on «freedom to come and go» and «on everyone’s right to respect for their personal freedom».
On Monday, the mayor of Nice and the other mayors of the metropolis of Nice had decided to go further than the government which, for the moment, has only recommended wearing a mask in public transport, considering that this the latter “will be obliged to come there” given the health developments in the country.
In his order, the judge in chambers points out that Prime Minister Élisabeth Borne recalled, in her speech on Wednesday before parliament, that “wearing a mask is strongly recommended but not compulsory”.
If the mayor certainly has a general police power «which allows him to take measures to fight against the health crisis», the judge recalls that he can only do so on «the double condition of demonstrating the existence particular local circumstances and not to compromise the consistency and effectiveness of the measures taken for this purpose by the competent authorities of the State».
Conditions that the administrative judge considers not to be met in Nice where in particular the “tension rate in intensive care” was on July 7 “14% in the Alpes-Maritimes department against 20% at the national level”.
Consequently, «the existence of compelling reasons specific to the municipality, making it essential to enact this measure, despite the particular situation linked to tourism during the summer school holiday period, has not been demonstrated».
In a press release, the mayor «took note» of the court’s decision, inviting «everyone to take responsibility».
“I remain concerned about the exhausted hospital staff, the high attendance of our territory during this summer period and the risk of hospital tension if this seventh wave continued to progress in such a dazzling way”, explains Christian Estrosi, stressing that the incidence rate «is today 1,397 per 100,000 inhabitants in the department».
«Everyone must take their responsibilities,» insists the mayor of Nice. «It is about the health of the most fragile, the preservation of our economic activity and the conditions for preparing for the start of the new school year», pleads the former minister of Nicolas Sarkozy for whom «a decision is necessary to allow everyone to take advantage of this season without risking endangering our health system».