The Superior of Justice of the Canary Islands (TSJC) has just reported that it is not authorizing the curfew on New Year's Eve, New Tear's Day, and on Three Kings night that the regional Government requested on Tuesday to try to stop the spread of COVID-19 infections in the Islands at Levels 2 and 3.
The TSJC has rejected the measure arguing that "the social interactions that are tried to avoid with the curfew can also occur during daylight hours, and in places outside the public thoroughfare, and therefore, the possibility of contagion continues to exist, so its suitability is not relative”.
Likewise, the court has argued that “mere considerations of convenience, prudence or precaution are not enough to impose a restriction on mobility. The measure may be suitable to fight the virus and facilitate the proper functioning of the public service, but the end does not justify any means and the measure to be ratified is excessive and causes serious damage to the generality of citizens".
This ruling means that although there is 1am closing for islands in Level 3 (Tenerife, Gran Canaria, and Fuerteventura), and 2am closing for islands in Level 2 (Lanzarote, La Palma, La Gomera, and El Hierro), there is no curfew between those hours and 6am as requested.
An appeal against the decision of the TSJC may be lodged with the Supreme Court within three days.
