Councillor wants to test court ruling allowing bare breasts

By CHERYL CHARETTE/Star Correspondent

There was no cover-up going on at last night's Valley East Council meeting.

Coun. Joe Niceforo sponsored another motion to deal with the issue of bare-breasted women in public places.

Two weeks ago, Niceforo's notice of motion asked council to pass a bylaw requiring modest attire for all swimmers at the beach. It was deferred while the town sought a legal opinion on the viability of such a bylaw.

The legal opinion is in, and Niceforo had to amend his motion.

Andre Lacroix, one of the partners for the town's law firm, said that in the case of the town beach, the Ontario court ruling would hold up. In other words, women can go topless there.

But the story may be different for the town's pool.

Lacroix said a municipal pool is an enclosed area, thus forcing people either to view something they did not wish to see or remove themselves from the pool area.

The situation is different at the beach or in a public park, because bathers could simply move to a different location.

As well, the brief from Lacroix said swimmers at a municipal pool often pay to go for a swim, and this could affect the outcome of a challenge to a requirement for fully-suited bathers.

QUOTE: "I'm satisfied that we got the ball rolling tonight."
- Coun. Joe Niceforo.


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