The Superior Court of Justice of Cantabria has refused to suspend the resolution of the Ministry of Health that extended the closure of nightlife in the community, as requested by the hoteliers, supporters that pubs and discos can open according to license hours and not until one o’clock at dawn, as before.
The TSJC has thus opposed this Friday to the request of the Hospitality Business Association, which on Thursday filed a contentious-administrative appeal against the decision of the administration a week ago, to extend the closure of the premises of the night in municipalities on level 2 alert for COVID.
The AEHC asked, as a precautionary measure, that from this August 20 all the hotel industry, including discos and pubs, can close at the time allowed in their licenses, the schedule “that was applied a few months ago without there being any increase in contagions “, argued the sector. The Vacation Room of the TSJC, acting as the Contentious-Administrative Chamber, determines in an order, in which it has resolved that requested precautionary measure, that the general interests and the right to health must prevail over the economic interests of the affected sector .
The court unanimously establishes that in this case there is no limitation of fundamental rights and that, nevertheless, the right to life and physical integrity are. “And the public powers are obliged not only to passive respect, but also to a protection and prevention activity,” emphasizes the Chamber.
For the magistrates, “the fight against the pandemic, which causes deaths and serious deterioration of health, is an unavoidable action”. They also underline that the damages that the act contested by the hotel industry could cause to the sector are “of an economic nature and, therefore, repairable a posteriori”.
“Faced with the damage that the immediate enforceability of the provision can cause to the affected economic sector, on the other side of the symbolic balance of weighting we have the general health interest, the functionality of the public health system, the right to health of people and their right to life, “argue the magistrates.
The measure in question – the closure of nightlife – does not affect, according to the Chamber, any fundamental right, and also rejects that the end of the curfew directly implies that the closure of nightlife decreases, as the hoteliers argued. “The measure in question here is not linked to the so-called curfew,” it is stated in the car.
Finally, the court justifies the measures of the Ministry of Health and affirms in the order that in nightlife venues there is “close and intense social contact” and they are places where it is “difficult to adopt general preventive measures”, such as the use of the mask and interpersonal distance.