The Contentious-Administrative Chamber of the Superior Court of Justice of Aragon has just published an order in which they agree to the very precautionary suspension of points 5.1.a and 5.1.q of ORDER SAN / 790/2021, of 7/8/2021 issued by the Government of Aragon as health regulations for the control of the COVID-19 pandemic.
The Zaragoza hotel industry challenges the new capacity and schedule restrictions before the Supreme Court of Aragon
Specifically, the order, in the aforementioned points, applies the level 2 health alert regime and in the contested points it determines that the hotel and restaurant establishments may not exceed their opening hours of 23:00 hours, also regulating the capacity allowed both indoors and on the terraces. It also regulates matters relating to nightlife venues which may not exceed 50% of the capacity inside and whose closing time will be at 00:30 hours.
The request for very precautionary measures has been presented by the Association of Cafes and Bars Entrepreneurs of Zaragoza and the province and by the Provincial Association of Party, Dance and Nightclubs of Zaragoza.
The magistrates argue in the order that “there is no evidence, a priori and in the absence of what may be alleged by the administration, a direct relationship between the hospitality industry and the birth of new outbreaks, nor can it be seen as inevitable that maintenance, while the precautionary process is ventilated, the hours of greater opening, or the capacity of 75%, gives rise to an increase in infections, in addition to the fact that the majority of the most vulnerable population is forcibly vaccinated reduces the seriousness of eventual outbreaks and their impact on the hospital system, and therefore the decision on the measures cannot wait for the precautionary measure to be resolved ”.
The Government of Aragon has time until next July 16 at 2:00 p.m. to make its allegations about maintenance, lifting or modification of the measure agreed by the TSJA Chamber.