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.
I don't think they would have got away with this if it was used by cars....
Is he not required to attend court hearings of his ''victims'' ?
For those who only bike-fly once or twice a year, rental is a great option. There's a guy in Marlow on Thames (for example) that I've used. He's...
My comment was not directed at David Millar - it was a response to Trooper74's transphobic "joke" about Pippa York.
Common sense at last
And tandems...
Car crashes into wall behind Natwest in Winchester https://www.hampshirechronicle.co.uk/news/24216676.photos-car-crashes-wa...
Standard driver responses - what a grim world view to go through life with, full of resentment and bitterness. ...
One way to find out is to put a member of the driver's family on the bike and ask them to repeat the manoeuvre.
This was in my local park and dogs are allowed off-lead. Cyclists are required to ride slowly and give due care and attention as it happens.