August 25, 1998

REGINA (CP) _ A Regina woman who won a legal battle to go topless in public has been charged with assault after police told her not to swim topless at a public pool. Evangeline Godron, 64, has been in jail since Monday night when Regina police arrested her at a local pool after employees complained.

Godron appeared in court Tuesday charged with two assaults and one mischief, all stemming from the incident at the pool Monday. She is to appear in court this morning for a bail hearing.

Godron's lawyer called the assault charges ``trumped up'' and said his client was only exercising the right she fought for in court. ``She didn't think she was doing anything wrong,'' James Rybchuk said.

Godron didn't strike anyone, but the assault charges stem from her refusal to leave the pool, said Regina police Sgt. Hal Zorn. The Criminal Code allows someone to be charged with ``assault by a trespasser'' if they refuse to leave property when asked by the owner or manager.

``The people responsible for managing the pool were the ones who brought it to our attention and wanted her removed,'' Zorn said. On July 22, Godron and Kathleen Rice were acquitted of creating an indecent exhibition after a provincial court judge ruled they did not create any harm or disturbance when they suntanned topless in Victoria Park last summer.

On Aug. 1, Godron was joined by two other women in a topless swim at the pool in Wascana Centre. ``Apparently, she's been there five times since the ruling,'' Rybchuk said.

On previous occasions, parents and staff at the pool have herded children into the changing rooms to wait while Godron completes her topless swim, Zorn said. Employees at the pool twice asked Godron to leave, Zorn said.

Rybchuk said the courts were prepared to let his client go if she signed a document pledging not to return to Wascana Pool, but she doesn't want to do that. ``She's prepared to stay in jail until the trial,'' he said.