Tens of thousands are expected in downtown Auckland tomorrow to watch topless women riding on motorbikes after a judge dismissed a council's attempt to ban the parade.
Judge Nicola Mathers threw out Auckland District Council's attempt to gain an injunction to stop the Boobs on Bikes parade down Queen St, saying it breached a new bylaw allowing the council to ban offensive parades.
But Judge Mathers said in Auckland District Court today that it was debatable whether the bylaw was legal, and also debatable whether it met the legal threshold of offensiveness.
Parade organiser Steve Crow, who also organises the R18 Erotica Expo held in Auckland over the weekend, said the decision was a victory for common sense and freedom of speech.
He also said he would be challenging the council's bylaws.
"The last thing I needed in the last week before Erotica was to spend all of this time on this. But I've always stood up for what I believe in, I've never backed away from a fight, and I'm not going to stop at the last hurdle," he said.
"I'm sick of fighting this every year when I believe it is a right. Let's do it once and for all, go to court ... and I'll get a decision which I believe is consistent with the Bill of Rights."
Mr Crow said he would also prosecute one of the leading parade opponents, Auckland city councillor Cathy Casey, who said she would lie on Queen St to try to stop it.
" I have asked her whether she has applied for a permit under her own bylaw for that. If she hasn't and she does it, I will take out a private prosecution of her and I will take it all the way through the courts."
Judge Mathers noted that some people were deeply offended and considered the parade tactless and distasteful.
But she said at least 80,000 people voted with their feet last year by attending the parade, suggesting they approved of the parade and considered it harmless fun.
As police had advised that it was not an offence under the Summary Offences Act for a woman to go topless in public, Judge Mathers said it was hard to argue that the parade met the legal definition of offensive.
Judge Mathers said it was also arguable the bylaw breached the Bill of Rights.
Family First national director Bob McCoskrie called for the Bill of Rights to be quashed or amended.
"The Bill of Rights has trampled all over the rights of families. It's basically said the pornography industry has more rights than the protection and well being of families and our children.
"This is a free-for-all now. Any grubby parade can happen on the street and it's the Bill of Rights, I have a right.
"As soon as somebody has a right, other people's rights are being infringed upon."
Mr McCoskrie also called for "a politician with backbone" to amend the Summary Offences Act so it defined what was offensive and included this type of parade.
"This isn't just harmless topless nudity, it's actually sexualised nudity and it's advertising an R18 event."
Mr Crow said the parade would be bigger than normal.
It would include several porn stars and quite a few New Zealanders, including one married mother who flew up from Christchurch specifically for the parade.
Auckland police spokeswoman Noreen Hegarty said the enforcement of council bylaws was not a matter for police.
Ms Hegarty said the police part in the parade was to help with traffic management and to ensure there was no danger to the safety of participants or observers.
Police advised motorists to avoid downtown Auckland between 12.30pm and 2.30pm.
An estimated 100,000 people watched the parade last year, making it arguably the second biggest single day event in Auckland behind the Pasifika Festival.
