Facts
On August 25, 2020, the State Council of the canton of Fribourg adopted Art. 5a of the ordinance amending the ordinance on cantonal measures to combat the COVID-19 epidemic. This provision requires the wearing of masks for persons over 12 years of age in supermarkets and shops in the canton, as well as for the staff of these establishments.
A. filed a public law appeal with the Federal Tribunal to request the annulment of this ordinance. The State Council concluded that the appeal should be dismissed.
Considerations
The Federal Tribunal considers that the obligation to wear a mask in shops and supermarkets constitutes a restriction of personal freedom, but that it is a minor one. This restriction is based on a sufficient legal basis, namely Art. 40 of the Federal Act on the Control of Communicable Diseases (EpidA), which allows cantonal authorities to take the necessary measures to prevent the spread of communicable diseases.
The Federal Tribunal considers that this restriction is justified by a public interest, namely the prevention and control of the spread of the 2019 coronavirus disease. According to current knowledge, wearing a mask is an…