By Writing Mail of the Pays de Retz
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The judge in chambers of the administrative court of Nantes dismissed the president of a sports club in country of Retz (Loire-Atlantique) who wanted to suspend the prefectural decision prohibiting him on March 2, 2023 from carrying out any activity “with minors within any establishment for (…) sports activities” during six months.
The applicant, who requested €2,000 from the State for his legal costs, was in fact indicted and placed under judicial supervision for “sexual assault imposed on a minor” and “sexist outrage”.
“It follows from the judgment of the investigating chamber [de la Cour d’appel de Rennes, ndlr] of July 8, 2022″ that this man “in 2016 reserved a hotel room with a single double bed”, for him and a sportswoman from 16 years olddetails the interim relief judge of the Nantes administrative court in an order dated May 12, 2023, which has just been made public.
He had also sent this teenager “messages containing remarks strongly sexualized “, underlines the magistrate.
Still, this prefectural ban on contact with minors constituted “an attack on his right to respect for his private and family life”, considered the president of this club, aged forty years.
“An essential part of his life balance”
His lawyer pointed out that he has been practicing this sporting activity “for thirty-eight years on a personal basis and has been carrying out team management missions since the age of 13 within the club (…) of which he has been the president since sixteen years.
Thus, it is for him “a second professional activity to which he devotes many hours, during the week and on weekends, from an early age, exclusively on a voluntary basis”, insisted the lawyer before the judge. summary proceedings from the administrative court of Nantes. “This activity constitutes an essential part of his life balance and to deprive him of it characterizes a serious attack on his right to lead a private life and family. »
Since his indictment, he has automatically – in agreement with the club office – set up the presence of another adult member during the training sessions during which he provides supervision.
A “damage to his mental health”
This “manifestly illegal” decision of the prefect de la Loire-Atlantique therefore entails “adverse effects on his state of mental health” and “harms the proper functioning” of the club, underlined the applicant’s lawyer.
“To justify the urgency to suspend (…) the decision (…)”, the applicant “invokes the impact of this on his private life (…) and on the situation of the club”, therefore sums up the judge in chambers of the Administrative Court of Nantes in its order.
“However, (…) the applicant exercises the activity” sporting “on a voluntary basis and (…) the temporary ban on exercise (…) thus has no impact on his financial situation”, observes the Nantes magistrate.
A certificate drawn up by a psychologist “attesting to having received the applicant twice in consultation” on November 19, 2020 and April 27, 2021 “is not such as to demonstrate the existence of current disorders. »
“Similarly, the certificates of relatives and those of the vice-president, treasurer and secretary of the club (…) cannot suffice to establish the reality (…) of the moral attack and the right to respect for private life (…) in view of their poorly detailed content and reporting purely hypothetical risks, considers the judge. Having regard to the public interest pursued by the decision in question [et] in the absence of proof of sufficiently serious and immediate damage” for the applicant and for the club, “the condition of urgency cannot be regarded as fulfilled. »
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