With the new decree of the National Government 1168 of August 25, 2020, the way of intervening economic activities and mobilization of people for the prevention of the contagion of COVID 19 is reversed.

SPEAKING OF, WILL ALL CASINOS AND BINGOS BE OPEN? MAYOR'S PERMISSION REQUIRED? AND BOGOTÁ WHAT?

You may recall that the first measures were total restrictions almost without exceptions, since only activities of first necessity were allowed and that with some limitations, and by then, powers were not granted to the Mayors and Governors to allow opening or make restriction. Then, they followed the measures according to the level of involvement of the municipalities, granting powers to the Governors and Mayors to restrict activities or areas, or to authorize pilot plans in some activities;

But already in this new phase that is beginning, the National Government authorized the opening of practically all activities throughout the national territory as from September 1, as a general rule, the powers of the Mayors and Governors to restrict activities, zones and households (targeted) were off for them.

Only the Mayors of Highly Affected municipalities could do so, but this time they must:

In the first place, support it in the variation of the contagion behavior of Covid 19, and secondly, request a prior concept from the Ministry of Health, and, finally, obtain authorization from the Ministry of the Interior. This residual or accessory or remote faculty is what is called SELECTIVE ISOLATION.

Now, as the threat of contagion persists, and according to the experts, it will do so for a long time because in fact we are at a peak of contagion in many cities of the country, the same Decree preserves some measures, for example: it defines INDIVIDUAL DISTANCING AND RESPONSIBLE "such as the duty to comply with the biosafety protocols of citizen behaviour in public space and the duty to comply with the instructions issued by the Government to prevent the spread of the Coronavirus COVID -19, favouring self-isolation" (no longer isolation required).

That is to say, it already transfers the greatest responsibility to the ordinary citizen, because the country is already more prepared in hospital and preventive capacity, citizens are more aware and doing a good job. The economy can no longer hold , both public and private, that is why this Decree went further, as foreseeing that some Mayors, would be rigged with the possibility of imposing restrictions on motion and economic activities, and therefore the norm He pointed out that: "In the municipalities without affectation, with low affectation and moderate affectation of the Coronavirus COVID -19, IT WILL NOT BE ABLE TO PERFORM SELECTIVE ISOLATION OF ACTIVITIES, AREAS, OR ZONES".

Also reiterating that “In any case, the instructions and orders issued by the municipal and district governors and mayors in matters of public order, in relation to the health emergency caused by the Coronavirus COVID-19, must be previously justified and communicated to the Ministry of Interior, and must be authorized by this entity ”.

The foregoing makes a lot of sense because they are rules that are part of the so-called “Police Law” that is, the set of general rules that restrict individual rights in order to guarantee public order, citizen coexistence and protect integrity and the goods of the people, who in normal times the power to issue them is given to the Congress, the Departmental Assemblies and the Municipal Councils, but in times of exception, public order or emergency, they are exclusive to the President of the Republic, and subsidiarily it is given by the latter, to the Governors and Mayors.

Hence, measures such as those recently taken by the Mayor of the District of Bogotá, through the so-called New Reality Decree, in which certain activities (including gambling industry), zones, schedules and rights such as that of locomotion, are seen by many experts as an "abuse of authority" or "excess of functions" that, in the opinion of many experts on the matter, even officials of the same State, do not have application or lose validity as soon as it enters fully govern the Presidential Decree.

Since clearly prohibited measures are taken in this decree in Decree 1168 to which we have been alluding, or in other words, that power has been withdrawn by the head of state and here, in the abnormality, the so-called territorial autonomy is not functional, less still at the head of the Mayors, because as we have seen, the true head of the police power in this time of "exception" or "emergency" is the President of the Republic in association or jointly with the Ministers.

It is that the State is one, because our Political Constitution welcomes the criterion of the "Unitary State", with separation of powers, and territorial autonomies, in short, some concepts that grant certain levels of independence, but that at times when greater coordination and agility, the Magna Carta itself provides that everything is done under a single direction, that of the highest head of State, the President of the Republic.

All this to end by saying that, in conclusion, it is clear that all economic and locomotion or mobility activities are already authorized throughout the national territory, without requiring pilot tests, special permits other than the authorizations to reactivate the contracts that must issue COLJUEGOS, in the case of localized gambling (casinos), except, of course, what is contemplated in Article 5 of the decree that we have been analysing, that is, events that involve crowds, bars, discotheques, places of dance and consumption of liquor in public places which are still prohibited until further notice, however, pilot tests can be authorized in municipalities with low or moderate effects.

We have a couple of caveats, the first is that, Covid 19 continues to advance, the risk of contagion and its negative consequences are latent and are real and will remain with us for a long time, therefore it continues, now with even greater importance, the corporate and individual responsibility to strengthen the measures that prevent it, that is, strict protocols, with permanent monitoring by the authorities, individual isolation, measures in public transport and places where agglomeration may occur, in short, everything that prevents contagion because it is clear that if a new peak occurs we can return to mandatory isolation and strict quarantine measures.

The second is that many mayors may insist on ignoring the absence of powers and issue regulations and decrees that restrict, among other things, the activity of localized gambling type, but there we will have to act appropriately, make them see in some way that they are wrong , we may have to present petition rights, guardianship actions, annulment actions and all kinds of legal and administrative measures, including complaints to the attorney, it is not advisable to go through the de facto channels, because we all know that you fight with teachers, with the mother or with the authority, they are badly married fights.

Therefore, I give you one last recommendation: if in any municipality you find mayors or officials who want to hinder, prevent or restrict the activity, do not go the wrong way, but do not remain silent or feel alone, Approach the unions, even if you are not affiliated, they have the resources and knowledge, and surely with all the willingness to help them to take actions or minimally guide them so that they can exercise their economic rights, at the end of the day it is must help us and promote the momentum of our union.