US: COVID-19: Is the obligation of the port of the outdoor mask in suspension?

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The prefectural decree making the outdoor mask mandatory was suspended in Paris as well as in yvelines by administrative tribunals. Can these decisions make jurisprudence at the national level?

Cette photo d'archive prise le 27 novembre 2021 montre des piétons portant un masque dans la rue Sainte-Catherine, la plus grande rue commerçante de Bordeaux, dans le sud de la France. © Thibaud Moritz / AFP This archive photo taken on November 27, 2021 Wallows with pedestrians wearing a mask in St. Catherine Street, the largest shopping street in Bordeaux, in the south of France.

On December 31, the wearing of the outdoor mask made its return to France, in order to fight more effectively against the Omicron variant. Sometimes misunderstood, this measure would not be less useful : about 10% of the contaminations would be made outside the closed places, traditionally considered the places where the disease is grasped. But she already has lead in the wing.

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Wednesday, the Administrative Tribunal of Versailles suspended the prefectural decree making this compulsory protection outdoors in the department of Yvelines. A first on the national territory, before a similar decision is made in Paris on Thursday.

The complete decision on this decree of the Capital Police Prefecture, set up to cope with the emergence of the Omicron Variant, must be published this Friday. "Since it was neither necessary nor strictly proportionate, the administrative court wished to suspend the decree," only commented on AFP, Mr. Jean-Baptiste Souffron, who pleaded for the suspension of this decree.

A "disproportionate" attack on individual freedom

in the Yvelines, the judge of the referred by the measure considered that the measure was "excessive, disproportionate and unrespuried (...) to the individual freedom". He also considered that this obligation "could not be imposed only if the local epidemiological situation warrants it and that the wearing of the mask is limited to the places and hours of high traffic".

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This decision almost repeats the opinion published by the Council of State, Tuesday, on its website . The latter noted that the wearing of the mask had to "be limited to the places and hours of high population circulation that do not allow to ensure the physical distancing, as well as to the places where people are brought together (such as markets , gatherings on the public roads or trading centers) ".

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These remarks on the general obligation of the port of the mask outside joined those of some scientific figures. "It's pretending to do something, while nothing is done. The only places outside for which it is justified are the very dense places. Personally, I would not do a market by not putting of mask. But otherwise, good ... ", blowing a week ago to Express the Dominique epidemiologist Costagliola .

Is it the end of the mask? Not necessarily. In the Yvelines, the Tribunal has specified that the prefect could "delimit wearing zones of the outdoor mask" in case of high density. What the local prefecture subsequently confirmed "to take note of the decision of the Administrative Tribunal of Versailles" and the student "to adapt the obligation of the port of the outdoor mask", in particular in terms of areas and 'schedule. A new decree should be written shortly in the Yvelines. And, without a doubt, too, in Paris.

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Janosch Dahmen, health policy spokesman of the green fraction and with initiator of the application for a general vaccination obligation, has been expressed for the first time comprehensively for the possible configuration of a vaccination obligation. He was for a vaccination obligation from 18 years, said Dahmen the "picture on Sunday" (Bams). From his point of view, the vaccinations should apply from summer.

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