Health pass in shopping centers: “The prefects sat down on the law”, assures a lawyer

The decrees of the Hauts-de-Seine, Essonne, Haut-Rhin and Yvelines prefectures imposing the health pass in the large shopping centers of these departments have been suspended by the administrative courts. Other decisions are expected, especially in Paris and in the Val d’Oise. For lawyer Yoann Sibille, who has filed several appeals, these orders are illegal.

franceinfo: These shopping centers which demand the sanitary pass at the entrance deprive those who do not have access to supermarkets. According to you, is this characteristic of discrimination?

Master Yoann Sibille: The law passed in early August by Parliament is clear on this subject. It guarantees access to essential goods in shopping centers. This law has been validated by the Constitutional Council, which writes in black and white in its decision that it is indeed within the confines of shopping centers, which is a very important point. And unfortunately the prefects sat down on this law. They do not respect it, having taken orders totally contrary to this law, since they completely restrict access to shopping centers and in a rather disparate manner. For example in Hauts-de-Seine, the La Défense shopping center is open, while the So West center is closed. It’s incomprehensible.

Specific access should be provided in basic necessities without a health pass. Why do shopping centers refuse to do this?

It may be complex in some cases. But there are also cases where it is very easy, with hypermarkets that face the door, which offer direct access.

Is it an amateurism of the government and the prefects?

It is exactly that, it is an amateurism. Hope this is just a mistake. I heard the government was going to appeal the court decision. But that doesn’t worry me at all. The argument that I use is in my opinion solid, since it is marked in the decision of the Constitutional Council which applies to everyone. Including the Council of State which will be called upon to rule.

Who is asking you to attack these decrees?

Initially, it was myself, as a natural person, who took legal action in the Yvelines and who obtained the decision on my behalf. And now I have been contacted by citizens, people who live in the departments that are directly impacted by this measure. But also shopping centers. Since the figures are very clear: turnover and attendance are greatly impacted.