Boobs on Bikes parade still breaking the law

A judge has issued a scathing decision against the Auckland City Council, meaning tomorrow’s Boobs on Bikes parade will go ahead in breach of the council's bylaws.

In a judgement released this morning, 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 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.

Because the parade does not have the necessary permit, it will still be in breach of the Council's by-law.

Police said it was up to the council to decide whether it would take any action to enforce the bylaw and it would not be an arrestable offence.

Judge Mathers questioned whether the bylaw Crow’s application was considered under was lawful.

She said although some councillors may 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.

Crow said outside the Auckland District Court 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 attends 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,” said Crow.

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 freely express themselves.

It is understood the council is considering filing a high court appeal.

- © Fairfax NZ News