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US News Hauts-de-Seine: the prefect's order on wearing a mask confirmed

16:40  21 september  2020
16:40  21 september  2020 Source:   leparisien.fr

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The administrative tribunal of Cergy-Pontoise (Val-d'Oise) finds nothing to complain about this time. It has just validated the last decree of the prefect of Hauts-de-Seine, dated September 10, relating to the wearing of the mask, largely generalized on the public highway, throughout the territory of the department.

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Because the order in question was the subject of two new appeals. Their authors, a man and a woman, argued that it “prejudices in a sufficiently serious and immediate manner the freedom to come and go, the right to health protection, the right to respect for private and family life and the right not to be subjected to inhuman and degrading treatment ”.

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The administrative court swept away their arguments, considering that the decree "does not seriously and clearly illegal interference with the freedom to come and go and the personal freedom of residents", as well as "the right of each respect for his private and family life in view of the goals he pursues ”.

"A coherent delimitation of the territory", according to the summary judge

The prefect, who had generalized the wearing of the mask on August 31, had to review his copy after the administrative court of Cergy had considered that this judgment was contrary to the freedom to come and go and had ordered him to delimit its perimeters. A unique judgment in Ile-de-France for the moment. The new decree made some changes, such as the freedom not to wear a mask on certain routes in Marnes-la-Coquette and Vaucresson, as well as for all sportsmen, and in the forest, during the days of the week.

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These few limits visibly satisfy the administrative tribunal. "The judge in summary proceedings noted that the prefect imposed the wearing of a mask, taking into account the characteristics of the various municipal territories and identifying areas exempted from the obligation to wear a mask", he notes, referring to another “coherent delimitation of the territory concerned by the obligation to wear a mask”.

Above all, the summary judge recalls "the resurgence of the Covid-19 pandemic" in "the whole of Ile-de-France, and in particular the Hauts-de-Seine department". "In the current state of knowledge, systematically wearing a mask in the open air is justified in the presence of a high density of people or when respect for physical distance cannot be guaranteed", he underlines.

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