Closure by authorities of a public establishment where prostitution was practiced and the rights to work and equality

Nelcy Esperanza Delgado Ramírez v. Municipality of Chinacota & another

Date:  02/14/2019

Judge-Rapporteur:  Carlos Libardo Bernal Pulido

Concurrence:  Carlos Libardo Bernal Pulido.  Antonio José Lizarazo Ocampo.  Gloria Stella Ortiz Delgado.  Cristina Pardo Schlesinger

Dissent:  Diana Constanza Fajardo Rivera (partial). José Fernando Reyes Cuartas

Facts.  The decision of the administrative authorities to order the closure of a tavern owned by the plaintiff, in which she sold alcoholic beverages and procured prostitutes is questioned. The closure was due to the fact that the zone where it was located does not legally tolerate this type of business.  Besides, it was operating close to an elementary school.  The petitioner alleged the violation of her fundamental rights to due process, work, free personality development, and equality.

Issue: Does the closure of a public establishment where prostitution was exercised violates the rights to work, free development of personality, equality, and due process?

Ruling and reasoning.  No.  The Court considered that the defendant authorities did not violate invoked constitutional guarantees, since the decision was based on the law that stipulated the land use of the zone where the establishment was located.  According to the legal zoning, the area was only for residential and institutional (educational) use.

In accordance, the Court DENIED the protection invoked