Ban on PPE near schools challenged

On October 1, 2026, the prefect of the Hérault department issued a ban on wearing and transporting specific personal protective equipment (PPE) during gatherings near five schools in the communes of Sérignan, Pézenas, Castelnau-le-Lez, Gignac, and Lunel. The ban was implemented without providing a clear justification for the restriction.

Legal challenge based on freedom

The League for Human Rights (LDH) and the Syndicat des avocats de France (SAF) contested the ban, citing freedom of expression and assembly as protected under Article L. 521-2 of the Code of Administrative Justice. They argued that the restriction violated their rights.

Court rejects the appeal

The administrative court in Montpellier dismissed the LDH and SAF's request on October 6. The two organizations then took their case to the reference judge of the Council of State, which ruled on October 15, 2026, rejecting the appeal but offering key legal clarifications.

PPE not inherently weapons

The reference judge clarified that personal protective equipment is not automatically classified as weapons under the Internal Security Code or the Penal Code. While PPE might hinder law enforcement or identification, it does not meet the legal definition of a weapon.

Context justifies the ban

Despite this, the judge acknowledged that in the context of student protests, blockades, and violence, the prefect had the authority to issue a general police measure restricting certain equipment. The ban on items like gas masks, construction masks, goggles, and protective gear was deemed appropriate given the specific circumstances.

Limitations on face concealment charges

The ruling also noted that wearing prohibited equipment alone does not constitute the crime of concealing one’s face. This offense requires additional elements, such as participation in public disorder, as defined in Article 431-9-1 of the Penal Code.