They invalidate the law in Jaboban that fines anyone who plays in the street

(CNN Spanish) — In Zapopan, a municipality next to Guadalajara, the capital of Jalisco in western Mexico, fines of up to US$ 827 were allowed for those who organize or participate in sports competitions on public roads that disturb neighbors and passers-by. or by motorists.

On Tuesday, the Supreme Court of the Nation (SCJN) invalidated the provision, considering that the wording of the article that contemplated this sanction was vague and violated the right to physical culture and sports practice.

This sanction became known in the municipality as the “Cascarita Law”, as the informal and often street soccer matches are popularly called in Mexico.

Before devoting himself to politics, Juan José Frangie, a member of the Movimiento Ciudadano party and the Municipal President of Zapopan, was the general director of Los Chivas Club Deportivo Guadalajara, one of the most popular and fan-favorite soccer teams in Mexico and the United States. .

What are the amendments and prohibitions?

Last December, the Zaboban Council approved changes to the Police and Good Government Regulations. In Article 57, Section XII, sporting activities outside designated venues are considered “violations of the collective well-being, liberty, order and public peace”.

“Organizing or participating in individual or team sports or sports of any kind in a public place outside of places where it causes inconvenience to people or their property; Occupants, participants or persons engaged in traffic therein or who cause inconvenience to the people residing therein or in the vicinity of the place where it takes place or obstruct the free movement of vehicles and/or people in the areas provided for such effect; As long as no damage is caused”, the regulation reads.

Once the changes were approved, the councilors approved by a majority the revenue law in force in 2023, which imposes financial sanctions of US$ 133 to US$ 827 on those who “cause inconvenience to people or their property due to the practice of individual or group sports or games outside designated areas”.

Councilors from the Morena and Futuro parties told CNN that they voted against the economic sanction because they considered it a widespread tax hike. However, the revenue law was approved by a majority, with Movimiento Ciudadano councilors voting in favor.

Opinion of Supreme Court Judges

The Legal Adviser to the President and the National Human Rights Commission ruled against the move and filed an unconstitutional appeal before the SCJN, which after analyzing the case agreed with the plaintiffs.

Ministers felt that the wording of the article was vague and that it “gave a wide margin of discretion to municipal authorities and to individuals who express annoyance at the playing of sports or games”.

Claudia Salas, head of the Jalisco Congressional Treasury Commission, told CNN that, in addition to Zaboban, the municipalities of San Juan de los Lagos and Talpa de Allende also included sanctions in the same area.

He added that with the Supreme Court ruling, legislators now have a clear indication of how to proceed when a municipality wants to add this type of penalty.

Although he recognized that this permission was controversial because the rights of both parties were at stake: those who wanted to occupy the public space, but also those who were vulnerable to this appropriation.

“Two competing rights: the right to public space and the city; and the right not to experience a nuisance outside my garage without having my car ‘glassed’ or damaged. Two equally valid competing rights,” he asserted.

Is it class measurement?

Councilor Morena Alejandro Puerto said that apart from tax collection, the move is communal because it affects people with fewer resources, most of whom do not have adequate, decent and recognized places to practice sports.

“The most dangerous neighborhoods don’t have parks, they don’t have green spaces, while people take over the streets for children to play and people to live together. It’s a double punishment for these people,” he said.

Puerto explained that according to the 2020 Population and Housing Census, Jaboban (a municipality of 1.4 million people), the most populous city in Jalisco, has about 90 sports divisions.

“There are not enough sports spaces for the entire population and the concentration of sports infrastructure is not in the densely populated areas, which are the most vulnerable and the most marginalized,” he added.

Pedro Kumamoto of the Futuro party, in addition to the lack of sports units in the municipality, the current government led by Frangie has provided some of these spaces to individuals.

“We need to understand that our cities should be places of coexistence, joy and happiness, leisure, sports, culture and entertainment,” he concluded.

CNN asked to speak with an official from the Zapopan city council, but has yet to receive a response.