Naked rambling update
Naked rambling correspondent Bernard Boase has sent in two items relating to Steve Gough and the comparative law of naked rambling respectively.
First he has published here (with permission) two letters from Steve Gough outlining the arguments he wants to develop in his next court appearance.
On comparative naked rambling law, Bernard writes (on 14 April 2009):
“I have been in correspondence with a Swiss friend who does a lot of nude rambling in the Alps (both summer and winter, lucky chap), and I have been posting his reports to me on the discussion forum here
They include an informed comment from Daniel Kettiger, a Bern lawyer, who is sure that the Swiss (i.e. Federal) Penal Code does not permit the canton Appenzell Innerrhoden to introduce their proposed legislation later this month.
It looks like Appenzell will attempt to make fines legal in the canton, and impose them on naked hikers this summer. No doubt a prolonged legal wrangle will try and reverse it all later on. We watch with interest.
And the French now have an organisation (APNEL: Association pour la Promotion du Naturisme En Liberté, http://apnel.free.fr) whose aim is the amendment of article 222-32 of the French Penal Code ("L'exhibition sexuelle imposée à la vue d'autrui dans un lieu accessible aux regards du public est punie d'un an d'emprisonnement et de 15000 euros d'amende") so that non-sexual nudity be not treated as sexual exhibition.
Some of the inspiration may come from the example of the Spanish, whose Penal Code clearly permits public nudity that is neither sexual nor threatening.”
Thanks to Bernard for this update. Scots Law News is further grateful to Gillian Black for drawing our attention to a BBC story on 27 April confirming that Appenzell had voted to impose criminal sanctions against naked hikers in the canton. Further developments awaited with interest.