The urgent applications judge of the Council of State has ordered a decision banning clothes showing an obvious religious affiliation, worn by swimmers on public beaches, to be suspended.

The mayor of Villeneuve-Loubet (Alpes-Maritimes) had decided to forbid any swimmer, on the beaches in that city, to wear any piece of clothing obviously showing his/hers religious affiliation. Associations and individual citizens asked for this decision to be suspended.

The urgent applications judge of the Council of State has notes that, according to the well-established case law, a mayor must conciliate the fulfillment of his/her mission to maintain peace and good order in the city on the one hand, and due respect to public liberties on the other hand. Orders issued by a mayor in a city located on the seashore, which aim at regulating the access to the beaches and swimming, must therefore be adequate, necessary and proportionate with respect to what is strictly necessary to maintain peace and order. The mayor should not take other elements into consideration while exercising this mission.

In Villeneuve-Loubet, there is no evidence that safeguarding peace and good order on the beaches had been jeopardized because some swimmers were wearing certain types of clothes. Without such evidence, the mayor could not decide that such persons would not have access to the beaches.

The urgent applications judge of the Council of State has therefore ordered the mayor’s decision to be suspended.

Read the press release in English http://english.conseil-etat.fr/Activities/Press-releases/The-Council-of-State-orders-a-decision-banning-clothes-demonstrating-an-obvious-religious-affiliation-to-be-suspended

Read the full decision in French http://www.conseil-etat.fr/Decisions-Avis-Publications/Decisions/Selection-des-decisions-faisant-l-objet-d-une-communication-particuliere/CE-ordonnance-du-26-aout-2016-Ligue-des-droits-de-l-homme-et-autres-association-de-defense-des-droits-de-l-homme-collectif-contre-l-islamophobie-en-France