Auckland porn merchant Steve Crow is vowing to still bring a topless parade through Tauranga's CBD tomorrow despite a last-minute attempt by the council to ban it.
Tauranga City Council refused to approve the application from boobs on bikes parade organiser Mr Crow.
His application to run the parade was overwhelmingly defeated
yesterday by a vote of 10 against and one abstention - Cr Wayne Moultrie.
The decision followed strong public opposition to the parade at a meeting organised by Cr Murray Guy on Monday night at which most people indicated they would take part in a roadside protest.
The council's opposition was on the basis that Mr Crow had not provided a traffic management plan and that the parade was "likely to be offensive".
Mr Crow told the Bay of Plenty Times afterwards that the Booby Tour would still go ahead tomorrow because the council had no legal right to stop the parade of 21 bikes and some cars.
"We will be obeying the road rules - we will be New Zealanders driving along the road."
Mr Crow said he had spoken to Tauranga police yesterday who told him that provided the parade obeyed the road rules, it was legal.
He also checked with police in the other districts that the parade could still run tomorrow via Hamilton and Tauranga, with the women going topless when they passed through towns like Katikati and Waihi.
The police's acting area commander Senior Sergeant Rob Glencross said as long as the vehicles operated in accordance with traffic regulations, the parade was legal.
Mr Crow said he did not intend to take legal action against the council's decision.
"It has been to court already and the Auckland City Council lost in 2008.
"It is not against the law for New Zealand women to go topless in a public place."
As for the prospect of protesters, Mr Crow said the parade was about freedom of expression.
Mr Crow's refusal to cancel the parade will see the council seek legal advice on its options, with a report expected today.
Chief executive Ken Paterson said it would be more around the operational things they could do.
Yesterday's decision was despite advice from staff that a traffic management plan was unlikely to be needed. Council transportation operations manager Martin Parkes said they originally did not know the numbers and had anticipated quite a lot of vehicles in the parade.
Staff did not believe the parade would create a safety or efficiency issue if it travelled at the same speed as other traffic.
However Cr Guy said it would not be unreasonable to assume, based on the evidence of other centres, that a lot of people would turn up.
Cr Larry Baldock moved that the application be declined, saying there was no certainty that the parade would not see large numbers of people coming out for and against the parade. He urged a sensible approach to public safety.
On the issue of whether it was offensive, he had no doubt that the parade was likely to be offensive to some residents.
Mayor Stuart Crosby said the parade would create traffic conflict and, despite what some High Court judges said, he believed it was offensive.
"The vast majority would say it is inappropriate." He did not want to see the default position where it was left to the police to handle the situation.
"This is not what Tauranga is all about."
Cr Moultrie, a lawyer, questioned whether what was happening was not far from an analogy with the Witches of Salem when an American town burned women to death as witches.
The parade's potential to offend did not change the legal situation regarding the view of the High Court on a woman going topless in a public place, he said.
"It is the act that causes the offence, not the potential, and I would say that Boobs on Bikes is not offensive."
Cr Moultrie said there had not been riots and moral degradation among children where the parade had taken place in other centres.
UPDATED: Boobs on bikes standoff
Auckland porn merchant Steve Crow is vowing to still bring a topless parade through Tauranga's CBD tomorrow despite a last-minute attempt by the council to ban it.
Tauranga City Council refused to approve the application from boobs on bikes parade organiser Mr Crow.
His application to run the parade was overwhelmingly defeated
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