ER Editor: The large region (département) to the west of Paris proper, Les Yvelines (see map insert), in the metropolitan area surrounding Paris called the Ile-de-France with its massive population, is an area with high socioeconomics, and many large shopping malls, some of which are in the Westfield chain. The ‘rentrée’, or the return to school and work on September 1, is a high turnover time for these malls, so likely there has been immense pressure exerted from the businesses within these 14 large malls affected by the health pass restrictions. More an issue of declining revenue than human rights, alas. But hopefully, this will spread and undermine the government’s tough position, especially as it is now certain that the VACCINATED are putting the rest of us at risk.
The health pass restrictions on these malls went into effect this past Monday, August 23, only to be abandoned by Wednesday because of the court decision discussed below.
Please note that we do not buy into the number of ‘cases’ used as a threshold for whether or not businesses and other venues can remain open. The definition of ‘case,’ based on a test that cannot and could never detect respiratory infections, remains as unreliable as it ever was.
Yvelines: the court suspends the prefect’s order on the health pass in shopping centers
The court has suspended the order of the prefect of Yvelines subjecting shopping malls to #SanitaryPass because “people without Pass could not get basic necessities”! Nothing was planned for them! Monstrous! This prefect must be sacked, quickly!
The administrative court of Versailles has suspended the prefectural decree requiring the presentation of a health pass at the entrance of the fourteen largest shopping centers of the department. The reason: it does not provide anything for people who do not have one to obtain basic necessities.
A decision that could have a snowball effect? No more need for the precious sesame to go to the 14 biggest shopping malls of Yvelines. The administrative court of Versailles suspended on Tuesday the prefectural decree imposing the health pass in the fourteen shopping centers of the department of more than 20,000 square meters. The measure came into force on Monday, but was only effective for two days.
An appeal was filed on Sunday by two lawyers from the Versailles bar, Yoann Sibille and Tarek Koraitem. For the administrative court, this decree does not provide “the conditions guaranteeing access for people not having a health pass to the establishments selling essential items situated in the enclosure of these stores and centers”.
An “infringement of the fundamental freedom of movement
Clearly, the decree applies in a general and absolute way to all the shops in these centers. It does not provide for any accommodation for people who do not have a health pass if they wish to buy basic necessities in the supermarkets of the shopping centers affected by the measure. Under these conditions, “the contested decree seriously and manifestly violates the fundamental freedom of movement”, according to the administrative court.
On this ground, the question of the legality of prefectoral decrees taken in other departments could be raised. In the Île-de-France region, all prefects have required a health pass in shopping centers of over 20,000 square meters.
For Mr. Yoann Sibille, who initiated the appeal, the order of the prefect of Yvelines is tainted by several clear illegalities. “While access to food centers has never been prohibited, even at the height of the health crisis, this order establishes an inequality of treatment.” Several shopping centers affected by the measure such as Parly 2, Vélizy 2, Espace Saint-Quentin or Auchan Maurepas house stores selling basic necessities.
“As a result, people without a health pass have to shop in smaller and often more expensive stores. In addition to the greater health risk, just before the start of the school year, this is not practical at all.”
What the lawyer of the prefecture replied that people could always have home deliveries or order for outside-the-store pickup. An argument which was swept away by the court.
What about the other departments of Ile-de-France?
Mr. Yoann Sibille also specifies that “this measure is not adapted to local circumstances, the prefect has only resumed the order of the prefecture of police of Paris taken previously.
As for the incidence rate in Yvelines, “on August 20, it was 191 cases per 100,000 inhabitants, which is below the 200 limit” set by the government. For the lawyer, this decree is a “pure and simple alignment with the decisions taken by the other prefects of Ile de France”. In Essonne, Seine-et-Marne, Hauts-de-Seine and Paris, such decrees were taken when the 200 mark was not reached. On the other hand, this number was exceeded in Seine-Saint-Denis, Val-de-Marne and Val-d’Oise.
According to the advice of the prefecture of Yvelines, “there is indeed a worsening of the sanitary situation since on August 17, we were at 185 cases per 100 000 inhabitants”.
Contacted, the prefecture of Yvelines “takes note of the judgment of the administrative court and indicates that the health pass will no longer be required at the entrance of the 14 shopping centers and this until further notice”.
A different case law in Toulouse
However, the Yvelines prefecture is currently studying the possibility of appealing to the Council of State, with the services of the Ministry of Health and Solidarity and the Ministry of the Interior. It recalls that the administrative court of Toulouse, in a judgment of this Tuesday, validated the notion of a designated space to permit access to essential shopping items in malls.
The Leclerc hypermarket in Roques-sur-Garonne had lodged an appeal against the order of the prefect of Haute-Garonne imposing the health pass to access the large shopping centers of Toulouse. The appeal was rejected.
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