Alicante to Maintain Castaños ZAS Despite Judicial Setback

On Thursday, the Administrative Litigation Chamber of the Superior Court of Justice of the Valencian Community upheld the appeal by the Association of Restaurants and Leisure Venues of Alicante (Alroa) and the Alicante City Council against the ruling that mandated the implementation of an Acoustically Saturated Zone (ZAS) in the Castaños area.

The judge sided with the business owners after a process lasting over three years, citing the lack of measurements inside homes to verify the violation of this constitutional right in its aspect of "privacy and home tranquility." According to Alroa's president, speaking to TodoAlicante, the ruling confirms what the business owners already knew: "As an individual constitutional right, public space measurements do not prove the violation of home privacy."

The judge also noted the "inactivity" of the Alicante City Council regarding street noise levels, stating that no adequate measures have been taken. However, the court does not consider this sufficient to prove fundamental rights violations to privacy, as the measurements justifying the process are not conducted inside homes. The nightlife sector has demanded that the council implement actions such as increased police presence in the area immediately, as they have been requesting for years to prevent antisocial behaviour, instead of waiting to apply the ZAS.

The sector feels relieved by this ruling, which supports their stance at a time when the implementation of the ZAS in Castaños threatens their business model by restricting terraces to 50% and reducing opening hours by up to two hours. However, they will seek clarification for the judge to explain certain aspects of the legal text. In fact, they will conduct an in-depth study of the ruling this afternoon and will convene a meeting next week to explain the implications to the establishments.

Alroa confirms that despite the "good news" of this ruling, the legal process is not over for them, as it will serve as a basis to challenge the declaration of the two ZAS in Alicante. They believe that once the regulations governing the restrictions are published, they will file objections and, if not considered, will take the matter to court.

"The City Council said they were applying the ZAS because there was a ruling that obliged them, but now there isn't one, so they should clearly state if they are applying it because they want to," Galdeano stated.

Meanwhile, from the government team, spokesperson Manuel Villar reaffirmed their intention to implement a ZAS in the area "regardless of the ruling's outcome, as there is a coexistence problem in the area." The councillor stated that this is a new element when considering objections to the text currently under public consultation and "that the City Council can evaluate."

The ruling is not final and can be appealed.