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Auckland's controversial Boobs on Bikes parade will go ahead as planned on Wednesday after a legal bid to stop it failed.
A District Court judge questioned the validity of a recently introduced bylaw that the Auckland City Council argued made the event offensive.
Judge Nicola Mathers says the council's bylaw which was introduced to stop the event may not comply with the local government act. She turned down the city council request for a court injunction to stop the event.
Organiser Steve Crow says it's a victory for commonsense and he has put the councillor who led the charge against him on notice. He says he will take a private prosecution against Cathy Casey under her own bylaw if she lies down on Queen Street to stop the parade because she doesn't have a permit.
Crow also says he wants a judicial review of the bylaw and will go to the Supreme Court if necessary.
Crow's lawyer said under the Bill of Rights, women should be allowed to expose their breasts in the same way men take their tops off.
But lawyers for Auckland City Council said there are justified limits under the bill. They said the parade is not about freedom of expression but a commercial exercise for an R18 expo.
Tens of thousands have packed Auckland's Queen Street to watch past parades.
