Mask outdoors: the Council of State validates the obligation … under certain conditions

The mask on the outside yes, but under certain conditions. The Council of State ruled on Tuesday, January 11, in summary proceedings that wearing a protective mask against Covid-19 could not be imposed outside “than in places and at times of high population traffic“. Seized by an individual, the summary judge rejected a request to suspend the decision by which Prime Minister Jean Castex instructed the prefects to implement the obligation to wear a mask outside. He has, however, , required that these provisions be “justified by the epidemiological situation observed in the territory concerned”.

“They can only be proportionate if they are limited to places and times of high population circulation that do not allow physical distancing to be ensured and to places where people can congregate”, specified the high administrative court of the country, citing “the markets, the gatherings on the public highway or the shopping centers”. Furthermore, “the hourly periods (must) be appropriate to the identified risks”, she added.

Nevertheless “the prefect, when he determines, for these reasons, the places and times of compulsory wearing of a mask outdoors, is entitled to delimit areas large enough for the rule to be understandable and its application consistent “, indicated the judge in summary proceedings in the order he issued. “The Prime Minister (Jean Castex, editor’s note) will have to take into account any changes in scientific knowledge in order to adapt its instructions to the prefects if necessary, or even to put an end to this obligation if the usefulness of wearing a mask is no longer established “, concludes the Council of State in a press release.

The pressure due to the fifth wave of Covid has further increased on the hospital, which has more than 25,000 patients, including nearly 4,000 in critical care, according to the latest figures published by Public Health France (SpF). The number of new confirmed cases rose to 368,149, a new record, if we except the toll revised upwards of January 3, established a posteriori at 409,370 by the health authorities. Among the measures taken to curb the spread of the virus, the obligation to wear a mask came into force in many departments and cities at the end of December.