France’s highest administrative court has validated a prefect’s prohibition on protest safety equipment while introducing restrictions to curb potential overreach. In a ruling issued Thursday, the Conseil d’État confirmed that the prefect of Hérault may ban items like helmets, knee pads, and other protective gear near schools during demonstrations—though it did not define the geographic scope or duration of the measure. This decision mirrors an October judgment that upheld a similar ban imposed by the Paris prefecture.

The court dismissed claims that evolving police tactics, where officers now confront protesters directly, create a need for protective gear as a form of self-defense, especially for minors. It further distinguished between professional-grade masks and medical or FFP2 masks, exempting the latter from the prohibition. The ruling also allows exceptions for individuals with valid reasons to wear such equipment.

The legal challenge originated from the Ligue des droits de l’homme and the Syndicat des avocats de France, which argued the measure was excessive. Although the court upheld the ban’s validity, it introduced safeguards to prevent misuse. For instance, violations now carry a second-class misdemeanor classification rather than the more severe criminal offense under Article 431-9-1 of the penal code.

Legal analysts emphasize that the ruling imposes procedural constraints on police actions. Lawyer Sophie Mazas, who represented the plaintiffs, stated that the court’s modifications prevent arbitrary confiscations of protective gear. However, she noted that authorities have already seized equipment under the original order, contradicting the ministry’s denial of such actions.

Demonstrators in Montpellier and other regions have relied on this gear to protect themselves from tear gas and baton strikes, insisting it serves a defensive purpose rather than an aggressive one.