Provençal bar is 'two steps too close to God'

For tourists passing through the idyllic Provençal village of La Motte, the Bar des Cascades is a convenient watering hole on a drive round the spectacular Gorges du Verdon.

But, seemingly at odds with France's secular tradition, public prosecutors contend that the bar is two metres too close to the village church, in Place Georges Clémenceau. "Two steps too close to God?" one of the bar's customers wondered.

In a clash between individual enterprise and unbending bureaucracy, the owners, Erick Beruti, 46, and his wife, Marion, 45, have been taken to court in a case that could force the closure of their business.

A 30-year-old prefectoral bylaw sets the minimum distance at 40 metres. A thirsty worshipper who left the church doors and walked in a straight line across the square for his post-Mass pastis would cover only 38 metres. The Berutis argue that, in reality, people in this village of 2,400 people do no such thing, but use the pavement, which involves routes of 82 or nearly 92 metres, depending on whether they turn left or right on leaving the church.

To the best of their knowledge, no one attending services has expressed outrage at the close proximity of their café. Even the visiting priest is among their satisfied customers, regularly popping in to the building, which serves as a tobacconist, newsagent and lottery ticket vendor, for his newspaper and cigarettes. On one occasion, according to M. Beruti, the priest even bought wine for communion.

A lower court hearing in Draguignan threw out the case, initially brought by French Customs. But the prosecutors appealed, insisting that the law required the distance to be measured as the crow flies. Judgment will be delivered in Aix-en-Provence on 5 September.

"It's an affair worthy of Pagnol," said M Beruti in a reference to the playwright and author whose writing captured Provençal idiosyncrasies and inspired the Claude Berri films Jean de Florette and Manon des Sources. "But it's hard to make sense of it. Our café is right at the heart of village life and it's obvious we provide a real service."

The couple's lawyer has pointed out that applying the letter of the law would close down numerous other village cafés in Provence. M Beruti said he could not help but notice while attending the appeal in Aix that a bistro and place of worship stood next to each other, only 100 metres from the Palais de Justice.

The Bar des Cascades has the support of the mairie (town hall), also situated in the same square, particularly since the Berutis agreed soon after opening 10 years ago to move to the present location from their first premises next door to the church.

But the prosecutor, Jean-Philippe Mescle, was unmoved. The order he wishes the court to enforce prohibits the sale, in a town of fewer than 10,000 residents, of alcoholic drinks less than 40 metres from a church, school, cemetery or prison.

M Mescle left it to the court to decide any penalty, which he said could range from a fine of up to £2,500 to the closure of the premises. "It has been quite a good summer for us so far and all we can do is hope for the best," said Mme Beruti. "But we'll take it to a higher court if we lose."