Ligue des droits de l’homme and others · Nos. 402742 and 402777
Conseil d’État, urgent applications judges · 26 August 2016
In August 2016 the mayor of Villeneuve-Loubet restricted access to public beaches and bathing for people wearing clothing understood to display religious affiliation. Associations and individuals sought an urgent order. They lost at first instance in Nice and took the matter to the Conseil d’État.
Why the local order was suspended
The judges recognised the mayor’s responsibility for beach safety and public order. They looked for evidence that the clothing had caused a genuine risk at this place and at this time. None was established. Public anxiety after the Nice attack could not by itself justify the restriction. The judges suspended the provision because it seriously and manifestly infringed freedom of movement, freedom of conscience and personal liberty.
What this decision can tell a reader
This was an urgent order about a municipal beach. Different rules can govern schools, workplaces or swimming pools. For a similar public-space restriction, obtain its exact wording and geographical scope. Record how it was applied, who enforced it and the reasons given. Those details allow an adviser to separate a genuine safety concern from an unsupported assumption about a person’s clothing.
Read the Conseil d’État order in French · Read the court’s English explanation
Explore the European Case Law Journal · Individual consultation times and fees
