Judge allows 'tacky' topless parade
http://www.smh.com.au/news/world/judge- ... 76094.html
A New Zealand judge has issued a scathing decision against the Auckland City Council, allowing tomorrow's Boobs on Bikes to go ahead.
In a judgment released this morning, Auckland District Court Judge Nicola Mathers rejected a bid by the council to get an interim injunction preventing tomorrow's parade down Queen Street.
Organiser and porn baron Steve Crow applied to the council for a permit to hold his annual parade but it was declined on the basis it was offensive.
Because he threatened to hold the event despite having no permit the council instructed top law firm Simpson Grierson to ask for the court's intervention.
The council yesterday argued in court that the parade of topless women riding down Queen Street in cars and on motorbikes breached its newly-amended bylaw banning offensive public events.
But Judge Mathers said that, although some councillors might deem the parade to be offensive, she did not agree, even if it was tacky.
Females walking down the street bare-breasted was not unlawful. But she added her decision was made by considering the law not morals.
She questioned whether the bylaw was lawful.
Crow said outside the Auckland District Court that he had already instructed his lawyers, Chris Comeskey and Jesse Soondram, to seek a judicial review of the bylaw.
He has warned councillor Cathey Casey, a strong opponent of the event, that if she attended tomorrow's parade to protest then he would lodge a private prosecution against her, as she had not sought a permit.
"If she wants to live by the sword then she must be willing to die by it," he said.
He was complimentary of the judge, saying she reached the right decision.
"This was an incredibly balanced and well thought-out and complete decision and I am amazed that any person can listen to all we heard in the court and reach that decision in 24 hours."
Soondram said Judge Mathers had arrived at a victory for common sense and he was looking forward to attending the parade.
He said the court correctly applied the Bill of Rights when deciding the injunction, saying everyone should have the right to express themselves freely.
It is understood the council is considering filing a High Court appeal.
stuff.co.nz/Sunday News
http://www.smh.com.au/news/world/judge- ... 76094.html
A New Zealand judge has issued a scathing decision against the Auckland City Council, allowing tomorrow's Boobs on Bikes to go ahead.
In a judgment released this morning, Auckland District Court Judge Nicola Mathers rejected a bid by the council to get an interim injunction preventing tomorrow's parade down Queen Street.
Organiser and porn baron Steve Crow applied to the council for a permit to hold his annual parade but it was declined on the basis it was offensive.
Because he threatened to hold the event despite having no permit the council instructed top law firm Simpson Grierson to ask for the court's intervention.
The council yesterday argued in court that the parade of topless women riding down Queen Street in cars and on motorbikes breached its newly-amended bylaw banning offensive public events.
But Judge Mathers said that, although some councillors might deem the parade to be offensive, she did not agree, even if it was tacky.
Females walking down the street bare-breasted was not unlawful. But she added her decision was made by considering the law not morals.
She questioned whether the bylaw was lawful.
Crow said outside the Auckland District Court that he had already instructed his lawyers, Chris Comeskey and Jesse Soondram, to seek a judicial review of the bylaw.
He has warned councillor Cathey Casey, a strong opponent of the event, that if she attended tomorrow's parade to protest then he would lodge a private prosecution against her, as she had not sought a permit.
"If she wants to live by the sword then she must be willing to die by it," he said.
He was complimentary of the judge, saying she reached the right decision.
"This was an incredibly balanced and well thought-out and complete decision and I am amazed that any person can listen to all we heard in the court and reach that decision in 24 hours."
Soondram said Judge Mathers had arrived at a victory for common sense and he was looking forward to attending the parade.
He said the court correctly applied the Bill of Rights when deciding the injunction, saying everyone should have the right to express themselves freely.
It is understood the council is considering filing a High Court appeal.
stuff.co.nz/Sunday News
