The Govern cannot demand patrons are vaccinated to attend mass events. The High Court of Justice of the Balearic Islands (TSJB) has denied that the covid passport is mandatory to attend major sporting, social and cultural events on the islands, as was approved by the Executive. The judicial administrative chamber, in an order issued yesterday, overturns the intention of the Executive to request the certificate – which also included negative diagnostic tests or having recovered from Covid in the previous six months – to attend sporting events and shows and social celebrations, such as weddings and christenings. The judges consider these measures to be “disproportionate” and “radical”. “They seek to force citizens to be vaccinated rather than a preventive health purpose,” they say.
The Govern requested authorization from the TSJB last Monday to apply a series of measures lasting a month against the coronavirus during mass gatherings and events. They intended to enforce a vaccination certificate, a negative diagnostic test or proof of having recovered from covid in the previous six months from all attendees at sporting or cultural events with between 500 and 1,000 attendees indoors and between 2,500 and 5,000 outdoors.
Distancing and masks
The court understands that none of these measures is duly justified as to establish such a limitation of fundamental rights. The magistrates accused the Govern of arguing “generalities and very little specificity” as to the need to adopt these restrictions when other measures such as interpersonal distancing, the use of masks or the limitation of capacity are already applied. In addition, they consider the number of attendees that are asked for a covid passport arbitrary and point out that the requirement to be vaccinated can not be equated with the requirement to present a negative diagnostic test. “Those who are fully vaccinated are not immune from being infected and even transmitting the disease,” they point out.
The same applies to the limitations proposed by the Govern for social celebrations such as weddings and christenings. The Executive wanted the certificate to be essential at events with more than 100 people indoors and 200 outdoors. The TSJB uses the same arguments to reject the measures, which they consider “disproportionate” and based on “limited arguments”.
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