This may be an empty threat but my view is that banning all outdoor exercise may not be lawful. Difficult to see how it would be a proportionate response to the threat of an infectious disease which probably spreads by contact if most people are social distancing when exercising.
There are many people for whom outdoor exercise is essential for wellbeing and mental health. Also many with no outside space or sufficient indoor space for exercise. Am struggling to see how banning all outdoor exercise even in extreme time such as this would be proportionate
It's plain that some restrictions - even severe restrictions - on personal liberties are necessary and important to prevent the spread of Covid-19. But at some point restrictions will be so harsh that they will be disproportionate to the important aim of preventing the spread
Proportionality in human rights laws is about ensuring where rights are interfered with (e.g. privacy, family life, association, liberty) the interference is logically connected to the aim (prevent Covid-19 spread), a last resort and *no more than is necessary to achieve aim*.
Not saying any particular restriction is *necessarily* unlawful but will come a point where restriction is so harsh it will no longer be proportionate. Difficult to see how complete ban on exercise -as opposed to giving police powers to enforce lesser restrictions - would be OK
I am not here saying that it is wrong - morally or legally - to tell people to severely limit their outdoor exercise. That is probably needed for limited period given the emergency situation. But a complete ban would be difficult to justify.
It is (literally) vital people follow the govt guidance - no unnecessary exercise or trips out of the house. But the current law already bans gatherings of more than 2 people and any unnecessary excursions. So the police can already act on BBQs in the park or other gatherings
I am not a scientist so don't have a clear view on which kinds of activity are most likely to spread Covid-19. A qualifier to the above is that if scientific consensus (epidemiological and behavioural) was a complete exercise ban is necessary it would prob be the right way to go
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