Switzerland's
Supreme Court has dealt a blow to naked hikers as it sided with an eastern
canton that fined a man for strolling unclothed through the mountains.
The court was far from unanimous, with a verdict eventually
reached by three votes to two. Ultimately though, the Supreme
Court ruled that the decision by canton Appenzell-Ausserrhoden
to ban naked hillwalking was not unconstitutional.
It is not arbitrary [on the canton's behalf] to consider
naked hiking in public a gross breach of decency and convention,
the court said.
The case began in Appenzell-Ausserrhoden in October 2009 when
Local authorities fined a naked hiker 100 francs ($109), but the
naturist refused to pay.
His case was heard by the cantonal court in Appenzell in May
2010. He admitted he had been hiking without clothes, a practice
he said he had indulged in for two years, but denied he had been
acting indecently. The judge acquitted him, arguing that the
case was beyond the canton's jurisdiction since the Swiss Penal
Code regulates all crimes involving sexual integrity.
But the prosecutor decided to take the case to the court of
appeals, which disagreed with the acquittal, concluding it was
the duty of the local authorities to uphold public morality and
ordering the man to pay 200 francs ($218) for indecent
behaviour. It was this ruling that prompted the hiker to
take the case to the Supreme Court.
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