Top court finds spas' coronavirus restrictions to have been lawful
The Supreme Court upheld the earlier ruling by the second tier court regarding the dispute over COVID-19 restrictions at Mustamäe Spa, finding that the restrictions imposed on spas in 2020-2021 to curb the spread of the coronavirus were lawful.
The government imposed various COVID-19 restrictions on spas from summer 2020 until summer 2021, with differing levels of severity. Generally, the government required social distancing and limited the occupancy of spas, and at certain times, regular spa activities were completely prohibited.
In June 2021, Mustamäe Spa OÜ challenged the government orders in effect up to that point, arguing that they were inadequately justified, that the restrictions on spas were unnecessary and that they excessively infringed upon the freedom to conduct business. The administrative and the circuit courts both dismissed Mustamäe Spa OÜ's complaint.
The spa claimed that the government failed to meet its obligation to provide adequate justification for the orders.
The Administrative Law Chamber of the Supreme Court found that the government's written explanations in the orders and their explanatory memoranda, when considered alongside generally known information about the virus's spread, were sufficient for the claimant to understand the rationale behind the restrictions. Given the knowledge that the virus spreads more easily indoors, the chamber deemed it appropriate to restrict indoor activities where strangers could come into contact.
Mustamäe Spa OÜ also raised the issue of the proportionality of the restrictions. The chamber determined that without extensive restrictions, the hospital system would very likely have become overwhelmed, and the state's ability to maintain essential functions could have been at risk. The Supreme Court concluded that if the government had not imposed strict measures to reduce human contact, there would have been even more deaths caused by the coronavirus. As a result, the court found the restrictions to be proportionate.
In a public hearing held this June, the Administrative Law Chamber of the Supreme Court considered the case. In a decision announced Thursday, the Supreme Court dismissed Mustamäe Spa OÜ's complaint but supplemented the reasoning provided by the Circuit Court.
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Editor: Mirjam Mäekivi, Marcus Turovski
