Grenoble Top Court Upholds Ban On Wearing Burkini In Municipal Swimming Pools
After examining the appeal filed by the municipality of Grenoble concerning the suspension of the wearing of bukini in Grenoble swimming pools, the Council of State has rendered its verdict. He confirmed, this Tuesday, June 21, the decision of the administrative court prohibiting the wearing of this religious sign.
End of debate. The interim judge of the Council of State confirmed, this Tuesday, June 21, the decision to ban the wearing of the burkini in municipal swimming pools in Grenoble.
Indeed, he considered that "the very targeted derogation made, to satisfy a religious claim, to the common law rules for wearing close-fitting bathing suits enacted for reasons of hygiene and safety, is likely to affect the proper functioning of the public service and the equal treatment of users in conditions undermining the principle of neutrality of public services”...
The Council of State had considered Tuesday, June 14, on the question of the port of the burkini in the swimming pools of Grenoble. Seized by the prefect of Isère via a secularism referral on May 25, the administrative court had suspended article 10 of the new swimming pool regulations authorizing the wearing of the burkini adopted on May 16 by the municipal council.
To justify this suspension, the administrative court had, in fact, considered that the amended regulations authorized de facto "the use of bathing suits not close to the body shorter than mid-thigh", including the burkini.
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However, according to article 10, which in no way mentions the burkini, “bathing suits must be made of a fabric specifically designed for swimming, fitted close to the body”.
However, the municipality of Grenoble had challenged this decision via its lawyer Me Olivier Coudray. On June 3, the lawyer at the Council of State and at the Court of Cassation had filed an appeal by the City of Grenoble against the court's decision.
On its website , the Council of State indicates that it is the judge of last resort. “His court decisions are set and cannot be challenged,” it read.