A Court of Malaga has unauthorized the Junta de Andalucía and has annulled the resolution for which the government of Juan Manuel Moreno prohibited a show of the bullfighter firefighter (of people with dwarfism) In a municipality in the province summer of 2023 arguing that he was against the law. The judge stipulates in her sentence that the event, contrary to what the Board said, does not have the purpose of “provoking the mockery of the person with disabilities” and annuls the prohibition.
“There is no objective data that allows us to affirm that the purpose of the participation of persons with acclaplasia in the bullfight , read in the text. Against the sentence there is no appeal.
The Government of Pedro Sánchez believed to have prohibited this type of shows less than two years ago by transposing a European directive in the field of accessibility of certain products and services, which among other issues includes the “non -discrimination of people with disabilities in public shows and public shows recreational activities ”. “We exceed black and white Spain with the prohibition of these practices,” they valued from the Ministry of Social Rights. The sentence known now puts in question that this has been achieved.
Felipe Orviz, legal advisor of the Alpe Aderoplasia Foundation, regrets the judge’s decision, argues that the arguments offered by “scare” and emphas cut and necessary to “reform own bullfighting regulations, both state and autonomous”, which has been used by the Magistrate to give the reason to the Taurine Africa Association, organizer of the act.
Jesús Martín, general director of rights of persons with disabilities in the Ministry of Social Rights, explains to this newspaper that they are analyzing the content of the sentence, coincides with Orviz that “these types of shows are prohibited by the General Law of Disability “, And warns that in” the reform of this rule that is currently being processed “, they have” typified as a very serious infraction the public exposure of a person with disabilities to raise the mockery or the irrision, either at a fair, in a place open to the public or on social networks. ”
Prohibited “raise mockery”
The case comes from the summer of 2023, when the Board prohibited Taurine Africa to carry out a show of the bullfighter, an event in which several people with acclaplasia jump to the ring with a bull or heifer deal with the animal. It is also known as comic bullfighting.
The company appealed last October arguing that the act is legal and is part of “in the provisions of article 90 Royal Decree 145/1996, which modifies and gives new writing to the regulation of bullfighting shows: the fight of a res with age less than two years, without killing or inflicting any damage. ” Taurine Africa also claimed the Board 7,815 euros for the expenses that it had incurred during the preparation of the event: 522 euros for the preparation of posters, 5,616 for the 432 general tickets that it had sold and 1,680 for the 168 entries of acquired children acquired . The company added 5,000 euros for “reputational damages”. The judge does not grant her any financial compensation because, she argues, she does not correspond to her, and invites her to administratively claim if she considers it appropriate.
The Board was protected at the time in a report of the Legal Service of the Ministry of the Presidency, as well as in the state legislative framework to deny the show. In the resolution, the Board recalled that the General Law on the Rights of Persons with Disabilities and its Social Inclusion establishes that the shows or recreational activities in which persons with disabilities or this circumstance are used to “raise mockery, mocha, the mochate are prohibited or the public of the public contrary to respect for human dignity ”, according to Read in the second paragraph of the additional provision 13 of the aforementioned law.
He added the Board in the report by which he denied the event he made two summers who did it because the comicity of the act was based on the dwarfism of the people. “We are not facing a comic show in which actors with actorplasia develop a role that produces hilarity; It is a comic show in which actors with actroplasia are part of it because, in addition to their artistic capacity (which is not questioned), they have idechlasia, and in which the alleged humor derives from how fun they may seem to the public The problems that their short stature causes them in front of the bull. ”
And tried to establish a parallelism with a basketball party between people in a wheelchair. “No one occurs that a wheelchair basketball match is a comic show, since the game develops according to the general rules, adapted to the disability of the players, and value their capabilities. That is not what the comic bullfighting that contemplates article 9.1 of the Bullfighting National Collective Agreement does, which focuses on the comicity of the show on the disability of its intervenings ”.
The judge’s arguments
The judge rejects these arguments. “The truth is that it is not necessary to specify what are the reasons why it is understood that the show, by the mere fact of participating in it people with actroplasia should already be considered that the mockery of these artists is intended just by suffering The aforementioned disease, ”he says. The additional provision cited “does not imply a presumption iure et de iure that any show or activity in which a person – or several – participates – with disabilities is a show that intends to raise the mockery of the person with disabilities. Admitting something like that would imply suppressing any intervention of people with disabilities of every show due to the mere fact of having a disability, which would be contrary to the right of equality and prohibition of discrimination. ”
The sentence takes the argument of the basketball party to turn it around. “If it is understood that if the game takes place according to the rules adapted to the disability of the players (…) it does not have as a purpose that they make fun of the players in a wheelchair, now we must not presume that that exists that exists that intention with the bullfighting show in which people with merchalsia participate, because as the Razona legal report there are norms that regulate certain peculiarities of the shows in which people with Acondroplasia – there are rules adapted to disability -, without losing sight of the fact that it is a show of a comic nature, which is different from the fact that it is the artists who raise the mockery for their disability. ”
The judge concludes that “there is no objective data that allows us to affirm that the purpose of the participation of persons with an acting in the bullfighting show is the mockery of these or their disability”, so the law is not being violated. And it closes: “Moreover, it is shown in the show poster that artists with acondroplasia are characterized by clown. Remember that the clown is an art of interpretation, which requires skills such as physical comedy, improvisation, empathy and the ability to connect with the public, trying to make this laugh, participating in a multitude of contexts such as a party , a circus, a play or even a hospital. ”
These are the arguments that Orviz “scares”, but some associations and the recurring company celebrate. The lawyer Pilar Guerrero, of the legal team that has taken the case, declared to Toro World that “the sentence is clear: the right of these professionals cannot be restrained to develop their work freely. Justice has spoken and has proved the reason to those who defend tradition and freedom. ” The company amusements in the ring and its dwarfs, which already showed its disagreement for the (failed) prohibition of these shows at the time, has celebrated in the same medium “the victory” for them and “for all the professionals who fight day To day for his right to work with dignity. ”
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