The Ministry of Justice has given the go-ahead for discotheques and clubs in the Balearic Islands to reopen on October 8. The Chamber of the contentious administrative TSJB has endorsed the decree adopted by the Government by imposing restrictive, mandatory measures for the resumption of leisure activity in this sector of leisure that has been closed for more than a year and a half. Measures that require all customers accessing these premises to show the so-called covid passport in which it is reflected that they have received the two vaccines to prevent the spread of the disease. It will also be permitted to display the results of a PCR test or an antigen test, and those who have been infected with the virus must demonstrate documentarily that they have already recovered from the disease.
The Govern, by legal obligation, submitted to the criterion of the courts the agreement that was signed last Monday, in which was established a series of preventative measures to avoid as much as possible that they were produced contagions of the virus between the clients who come to amuse themselves in these leisure rooms.
Restrictions applied inside the clubs
The measures imposed by Health are limited to allowing a maximum occupancy of 75% of these nightclubs’ capacity. Customers are only permitted to consume drinks while seated, as consumption at the bar is not permitted. They will also need to keep a safe distance and, most importantly, avoid crowds. The use of the dance floor is permitted, with a two-metre minimum distance between each person. Customers are also required to wear masks at all times, except when drinking.
Nightclubs must close at the latest at five in the morning. Most importantly, customers will be required to show their Covid passport in order to gain entry. These personal information cannot be kept.
The court considered whether these restrictive measures, such as the obligation to show these customers’ personal data, may infringe on any of their fundamental rights, such as privacy, equality, or physical integrity. And the judges’ final verdict is that, above all, there is the right to life, with the understanding that the obligation to show this health passport does not interfere on any constitutional right.
Alternatives to the so called “Covid Passport”
According to the resolution, the requirement to show certain documentation to enter these businesses is sufficient because it refers to premises where entry is “voluntary and no essential activities are carried out.” That is, the client visits these establishments because he or she wants to. Furthermore, as the court points out, these are closed and poorly ventilated spaces, increasing the risk of contagion.
The court also states that if the client does not want to show the vaccination schedule, he or she can show the results of a contagion test, so that the right to privacy is never violated. In this regard, the judges recall that no specific medical information is provided, except if the client has been immunized.
The judges considered the proportionality of the mandatory measures that clients in the leisure sector must follow. The conclusion reached is that they are, because it believes that the measures taken by those in charge of health to combat a pandemic should change as the disease evolves.
The court order cites scientific reports indicating that people who have received double vaccination have a much lower ability to transmit the disease as well as become infected. As a result, the judges conclude that the “only possible effective measure” for this leisure sector to resume operations is to provide “a high level of public health protection” through the mandatory display of the covid passport.