New Zealand’s High Court has overturned the conviction of a Wellington man fined for cycling nude on a country road, although the judge was at pains to point out that the ruling did not give cyclists the right to dispense with the Lycra altogether, since individual cases would need to be decided on their own merits.
Nick Lowe, a builder, had been fined NZ$200 plus costs after being stopped by police as he rode his bike near Upper Hutt, 32 kilometres north of Wellington, in March last year following a complaint by a passing female motorist.
Mr Lowe refused to pay the fine and appealed to the High Court, explaining: “It's a lifestyle thing. To put clothes on is uncomfortable. It's not about exhibitionism, I'm just uncomfortable in clothes."
In allowing Lowe’s appeal, Justice Dennis Clifford explained that there were different grades of offensiveness where nudity is concerned, saying that someone cycling naked on a country road could be viewed as less offensive than someone walking along it nude, adding that in Lowe’s case, the woman who complained had been unable to see his genitals.
That meant that the level of offence caused was “quite concerning” rather than “disgusting.”
Justice Clifford cautioned, however, that “this judgement does not mean that nude cycling cannot constitute offensive behaviour,” adding that future cases would need to be examined by the courts on an individual basis.
He added that since Lowe had been stopped on World Naked Bike Day, it could be interpreted that he was showing solidarity for that event.
Secure it for me
I wonder if they have revisited the strange design of the steering limiter. In the previous model I believe it was a metal component impacting the...
Drive-through lanes are for people on or in a vehicle.. that includes bicycles.
I'm just finding it odd that Hugh thinks I should use a different cycle lane along the same stretch of road. ...
I'm a fell-runner and would think twice about attempting those steps in cleats. Who on earth decided that it was a good idea?
EF last team to declare... again... Gonna take a wild guess that we're all waiting on the same pick.
Check the rear wheel and cassette for any movement. Thru-axles are not 100% reliable, check the integrity of the freehub (my DT-Swiss came...
I like the frame. I don't like the top.
I think that unless a great deal of caution is used and protocols put in place, then COVID may very well rip through le tour, even though Boris has...
Definition of hard pass - a firm refusal or rejection of something