The Council of State, the highest administrative jurisdiction, must consider this Monday, December 21 the closure of cinemas and theaters, extended at least until January 7 to fight against the pandemic but contested by professionals. As other sectors have done before, ski resorts for example, it is by way of summary proceedings, an emergency procedure, that the world of culture has taken the administrative court to challenge the decision. government.
>> Tribune. “We need you !” : artists and professionals from the performing arts demand the reopening of all cultural venues
Prime Minister Jean Castex announced on December 10 to maintain the closure of cultural places, despite the end of confinement on December 15. This due to epidemic pressure and for an indefinite period, at least until January 7. This decision “aroused the total incomprehension of all the players in the sector“, noted several cinema associations, whether producers, directors or distributors (ACID, API, ARP, FNCF, SCAM, UPC …), at the origin of one of the nine appeals.
“The vast majority of other economic sectors have been able to resume their activities, regardless of the flows generated in the territory“,”cinemas have a recognized health protocol“and”the entire artistic and professional community had worked hard and invested in reopening the cinemas“, they argue. In total, nine appeals will be examined, including those of representatives of the theater and the circus as well as those of several Parisian theaters, who consider the measure”highly inequitable and disproportionate“.
“Everyone can see the difference in treatment between places of worship and places of culture (…) While the sustainability of theaters is seriously threatened, the decision must re-establish equality before the law and allow the theater world to limit the catastrophic consequences. of the crisis“, declared their lawyers Vincent Brengarth and William Bourdon to AFP. They believe that their closure is contrary to four fundamental freedoms: the freedom of enterprise, the freedom of association, the artistic freedom and the principle of equality with other businesses.
On the museum side, an appeal bringing together plastic artists and contemporary art professionals has also been filed, but will not be examined until tomorrow, Tuesday, December 22, the legal questions posed not being exactly the same.