The High Court of Catalonia (TSJC) has refused to allow the opening of nightlife venues on New Year's Eve, as requested on Monday by the Catalan Nightclub Federation (Fecalon), the Catalan Catering and Musical Activities Federation (Fecasarm), as well as 55 other catering associations. The two federations filed two administrative appeals against the closure of nightclubs and the reduction of restaurants occupancy rates, decreed by the Catalan government to fight Covid-19, which does not require judicial endorsement because it does not affect fundamental rights. The Court now rejects their appeals as a precautionary measure, because it does not consider them so urgent, and will allow the Catalan Generalitat to defend its restrictions and submit its report on January 4th.
The Court’s decision states that the third section of the Administrative Chamber of the High Court of Catalonia, in its examination of the rights and analysis of the conflict, considers that "the general interest of the protection of public health" must take “precedence”. In addition, it considers that the Catalan ministry of health should be allowed to make its case on the request of the employers' association in order for the Court to suspend the restrictions implemented following the December 23rd resolution.
Reaction
Fecalon’s legal spokesperson, lawyer Fernando Martínez, highlighted "the serious and established damages" for the affected sectors, such as catering and nightclubs, and pointed out "the serious coexistence problems of celebrations, illegal parties and street drinking, which will make the measures taken less effective". Fecalon added that the Omicron variant "must be fought as a common disease", like the flu, "but it does not justify the closure of business sectors such as nightclubs".
In their documents, the entities request the annulment or at least the urgent precautionary suspension of all restrictions, including curfew and the limitations to the number of people who can gather, as they believe it is unconstitutional for an autonomous community to restrict rights in order to contain the pandemic. The Catalan government approved the restrictions last week in an attempt to stop the high rate of infection in the sixth wave.
Fecalon's main request is to reopen nightclubs, at least on New Year's Eve, one of the most important nights for their businesses, and the lifting of the curfew on January 1st. With this measure, the nightclub representatives assure, street drinking, which is expected to be massive to celebrate the new year will be reduced. Specifically, Fecasarm foresees over 1,500 street drinking gatherings and illegal parties on New Year's Eve due to restrictions and the collapse of police and emergency services.
Requests
Fecalon’s general secretary and spokesperson, lawyer Fernando Martínez, was responsible for the legal coordination of this new appeal before the third Administrative Chamber of the TSJC, to which 55 other industry associations, such catering and DJ associations have adhered. Specifically, Fecalon requests the lifting of the shutdown at 00.30 hours of musical recreational activities, concert halls, cafes and concert theatres, except in towns where a curfew is implemented. And that the limitation of hotel and catering activities to 50% of their capacity be annulled, or alternatively, that the reduction be only to 75%. It also requested that the shutdown of karaoke bars, music bars and places without dance floors be lifted. Finally, they requested that all nightlife venues be allowed to open on January 1st.
The High Court of Catalonia approved a curfew from one to six in the morning until January 7th in cities and towns over 10,000 inhabitants with over 250 cases per 100,000 inhabitants, and some municipalities around them. It also confirmed that meetings in both public and private places must be limited to 10 people. In addition, it maintains the use of the Covid-19 passport.