A judge will make a ruling tomorrow on whether the Boobs on Bikes parade can proceed on Wednesday.
Judge Nicola Mathers reserved a decision in the Auckland District Court today on an injunction brought by Auckland City Council to stop the event.
The Auckland City Council began legalaction last Thursday to enforce a decision not to grant a permit for the event, in which bare-breasted women parade down Queen St on open-top cars and motorbikes as a promotion for the R-18 Erotica Lifestyles Expo.
The first step was a letter from the council's lawyers to organiser Steve Crow seeking an undertaking that he would not breach a new bylaw aimed at stopping events deemed offensive. The council took an urgent decision on August 11 under the bylaw not to grant the parade a permit.
The council's lawyer, Willy Akel, argued in court today that the council had every right to stop the parade.
Mr Akel said the council had decided not to grant the parade a permit as it breached the amended bylaw, which he said had sufficient legal standing.
Parade organiser Steve Crow said last week if the court granted an injunction, the parade would still proceed and he would be prepared to be arrested "because, as I say, I think it is a breach of the Bill of Rights".
However, today Mr Akel argued the right to freedom of expression provided for in the Bill of Rights was not absolute.
The parade of topless women on motorbikes and cars, which promotes the Erotica Expo, is due to take place on Wednesday.
Counsel for the Expo will make submissions before Judge Nicola Mathers later today.
