Bare breasts shown: woman sues Berlin for being kicked out of playground

Showing bare chest
Woman sues Berlin for being kicked out of playground

Shirtless woman on the water playground. When the security forces asked the 38-year-old woman to cover her chest, she refused and was eventually forced to leave the premises. Now she is asking for damages.

The Berlin District Court is considering a complaint from a woman who was forced to leave a Berlin waterway because of her bare breasts. The 38-year-old man is seeking at least 10,000 euros in damages from the state of Berlin, the responsible judge, Sibylla Schmidt-Schoendorf, said at the hearing.

The plaintiff sees a violation of his rights in the actions of the security service and the police, as well as in the actions of the authorities, who were subsequently involved in the case. It is based on the Berlin Anti-Discrimination Act (LADG). The law is intended to protect people from discrimination by the authorities and to enable them to claim damages.

In June 2021, the plaintiff was shirtless at the Plansche water site in the Treptow-Köpenick area. Then the security forces and then the police asked her to cover her chest or leave the premises. Her lawyer, Leonie Tum, argued that it was unequal treatment compared to shirtless male patrons. “The sexualization of female breasts is discrimination.”

The visitors were concerned

Judge Schmidt-Schoendorf wants to rule later today. However, she left open the question of whether this would already be a verdict. It is also possible that she considers additional information or the hearing of witnesses necessary. To the surprise of the participants in the process, the lawyer of the state of Berlin Eicke-Heinrich Dumas said that at the time of the incident there were no rules for using the water area. This was introduced a little later and then developed further this year.

In addition, security was initially used by the county only to enforce the coronavirus measures in place at the time. Since other visitors were concerned about the plaintiff’s behavior, the guards spoke to the woman. “If this had not happened, this unfortunate incident would not have happened,” Dumet explained.

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