A Dpcm, that of December 3, 2020 on the measures for the Covid 19 pandemic, without reasons, as if an opinion had been written and not an administrative provision based on scientific data, where "there are never specific indications on the severity and incidence of the spread of the virus such as to make the measures adopted congruent, proportionate and adequate "which compress constitutionally guaranteed freedoms.
Judge Flavia Mazzini of the Pesaro Civil Court writes this in the reasons for the sentence issued fifteen days ago on the appeal of the restaurateur and founder of the IoApro movement Umberto Carriera.
Judgment with which he annulled the penalties against the restaurateur, fined by the police on January 15, 2021 for violating the lockdown by keeping his restaurant La Grande Bellezza in Mombaroccio (Pesaro Urbino) open in the evening to accommodate thirty diners including Vittorio Sgarbi.
The police raised a report of 800 euros against Carriera, who challenged it before the civil court with the lawyer Lorenzo Nannelli. "Judge Flavia Mazzini disapplied Giuseppe Conte's Dpcm declaring them illegitimate, because being the Dpcm an administrative act, the same had to be motivated - explains the lawyer -. No minutes of the Cts (Technical Scientific Committee) motivated the closures from 18 onwards , of the same activities (in this case the restaurants) that could remain open for lunch and not for dinner. Furthermore, it is not clear from the CTS minutes for which reasons during the same period the service areas could remain open with table service, as well as hotel restaurants. Now Umberto Carriera, will be able to ask the government for compensation for the damages suffered due to the closure of the restaurants in the various color bands ".
According to the judge, "the comparative activity carried out, involving the compression of constitutionally guaranteed rights, required an adequate justificatory system since it modified the provisions previously adopted which allowed, without limitations on time and place, the carrying out of the restaurant business, not differentiating the restaurant from the service areas ".
