Martorell backtracks and will only fine those who take more than 25 liters of water from municipal fountains
The opposition and the Ombudsman are confident that social pressure will deter other municipalities from attempting to cut back on rights.
BarcelonaCorrection by the Martorell City Council government. Last November, the executive formed by Junts and the PSC approved the prohibition of filling jugs with water from the municipality's public fountains to prevent residents without access to tap water at home from taking it for domestic use. Now, following criticism from social organizations and the opposition, as well as the intervention of the ombudsperson, Esther Giménez-Salinas, the government led by council member Xavier Fonollosa has decided to scale back the measure: the City Council will only fine those who take more than 25 liters of water from municipal fountains.
The municipal government will bring a modification to the ordinance prohibiting filling water jugs at public fountains to the plenary session in February. The original text was open for public comment for 30 business days, during which some twenty organizations—including Cáritas, Raíces Fundación, ECAS, and the Human Rights Commission of the Barcelona Bar Association—submitted objections requesting the withdrawal of the measure, arguing that it violates a human right: access to public water sources.
A warning for other municipalities
Laura Ruiz, councilor and spokesperson for Movem Martorell, welcomed the mayor's "backtracking," although she believes the 25 liters per person allowed falls short of the minimum of 50 to 100 liters considered optimal by the WHO to meet basic human needs. The party had considered filing a lawsuit against the ordinance, which it calls an "aberration," but regrets that even with the correction, it continues to "criminalize residents who have nothing." Furthermore, Ruiz values the "show of force" achieved by the coordinated action of major social organizations that are leaders in the defense of human rights, which succeeded in modifying a "disproportionate" ordinance, and she hopes that this "humble victory" will also serve to deter other mayors who might want to gain support by aligning themselves with positions traditionally defended by the far right.
Jordi Sánchez, director of the Social Rights area of the Catalan Ombudsman's Office (Síndic de Greuges), has expressed a similar view, stating that the Martorell case should also serve as a "warning" to other municipalities that attempt to restrict rights. In response to the controversial ordinance, the institution intervened to request information from the city council.
The text, originally approved in November with the votes of the municipal government parties, Junts and the PSC, explicitly prohibited filling "jerrycans, bottles, or any utensil that allows for water storage" with water from public fountains, justifying it as an attack against local residents. The ordinance established fines of up to 750 euros, an amount that remains in the new wording of the civic ordinance.