Court suspends burkini ban in Mandelieu-La Napoule

On 6 August the administrative court of Nice suspended the mayor of Mandelieu-La Napoule’s order banning the wearing of the burkini on beaches. The court found that the ban violated citizens’ fundamental freedoms.

Burkini ban

The administrative court of Nice suspended the mayor of Mandelieu-La Napoule’s order prohibiting access to beaches for people wearing clothing that clearly indicates religious affiliation, including the burkini. The decree was in force from 1 July to 31 August. The decision was made in response to a complaint by the League of Human Rights (LDH).

Court ruling

The court found that the municipality had not provided sufficient evidence that wearing the burkini poses a threat to public order or safety on the beaches. The ruling emphasises that the ban infringes three fundamental freedoms: freedom of movement, freedom of conscience and personal liberty. The commune has been ordered to immediately remove all signs from the beaches and to pay the League of Human Rights €1,500.

Mayor’s position

Mayor of Mandelieu Sébastien Leroy said that the town “takes note of the decision of the administrative court of Nice” and pointed to the gap between the law as it stands and the reality on the ground faced by elected officials. The mayor reproached the judge for merely noting the absence of recent incidents: “the moral is: we’ll wait for another tragedy or a drowning at sea to adopt this precautionary measure again.”

Historical context

Mandelieu-La Napoule was the first commune in France to ban the burkini on its beaches back in 2012, and since then the municipality has issued the same decree every summer. In 2023 the Council of State already suspended a similar ban — the judges then also found no evidence of a real threat to public order.

Similar disputes over access to beaches regularly arise in other communes in the region: for example, the Monsieur Pablo beach in Golfe-Juan was closed over debts of €126,000, and for more systemic problems — see the piece “Battle for the beach: how administrative red tape is destroying business on the Riviera”.

— — —

Photo: Jan van der Wolf / Pexels