The suspension of the bylaw application was rejected. At the same time, another town in the Alpes-Maritimes took a similar order.
The decision of the Mayor of Cannes in the Alpes-Maritimes d ban on beaches wearing the burkini was not rejected by the court. According to Nice Matin, the judge did not follow the request made Friday by three particular and the Collective against Islamophobia in France (CCIF).
These two associations demanded emergency suspension in-law of 28 July banning “access to beaches and swimming (…) to any person not properly dressed, respectful of morality and secularism”.
for the mayor, David Lisnard, “a protester beachwear ostentatiously religious affiliation, while France and the religious places of worship are now the target of terrorist attacks, is likely to create risks of disturbances to public order (gatherings, scuffles, etc.) it is necessary to prevent “.
the court did not accept the urgency because” the applicants applied the judge on August 12 to challenge the order of 28 July. ” According to Nice-Matin , the judge noted that “compliance with the provisions of Articles 1 of the Constitution (” France is a secular Republic “) that forbid anyone to take advantage of its religious beliefs to overcome the common rules governing the relationship between public authorities and private individuals. “
the court stated that” in the context of emergency and the recent terrorist state (…) the display of religious symbols (…) in this case in the form of beachwear displaying their religion, are likely to create or exacerbate tensions among the many users of the maritime domain, of all faiths, attending Cannes beaches in August, and a risk of disturbing public order (…) “
me Sefen Guez Guez, lawyer CFIC, has announced his intention to name his client to appeal that order to the State Council, explaining that “this decision opens the door to banning all religious symbols in the public space.” He was also surprised, having learned “that on August 11″ of this order of July 28, that the urgency was not accepted, and that “for such an important decision, no public hearing allowing a debate “has been considered.
” tension strategy “
the organizations accused the aedile to divert the principle of secularism and feed tensions. This banishment beaches jerseys fully covering the body “away secularism of his vocation,” protested Friday the League for Human Rights. Such a decision is based on a “strategy of tension”, accused the SOS Racism association. France has been hit since 2015 by several jihadist attacks, and anti-Muslim acts have multiplied in recent months.
“Fundamentalism must be fought with impeccable legal arguments, failing to offer him victories in court,” said the local Socialist Party, recalling that “the principle of secularism, except the veil full, does not prohibit religious distinctive signs in public places such as beaches. “
the decision of the Mayor of Cannes was followed by another town Alpes-Maritimes, Villeneuve-Loubet, who took to turn a bylaw prohibiting swimming in burkini or related.
The order, dated August 5 indicates that “access to swimming is prohibited from 1 July to 31 August, every person does not have a dress, respectful good morals and the principle of secularism, and respect the rules of hygiene and safety adapted to the maritime public domain “. It also specifies that “wearing clothes, while swimming, having a connotation contrary to the principles mentioned above is strictly prohibited on the beaches of the town.”
“We pointed out to me on one of our beaches a couple whose wife was bathing dressed explains Lionel Luca, Mayor Republicans of the city, and I considered that this had no place to be for reasons of hygiene and it was inappropriate given the general context. “” the Republic, it is not coming to the beach dressed in displaying his religious convictions, especially as they are false beliefs for religion asks nothing “in the matter, believes Lionel Luca.