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Entrance sign “Plansche”: security guards and police came because of the exposed breasts
Photo: Fabian Sommer / dpa
The legal dispute over bare breasts at a Berlin water playground has been settled after more than two and a half years. The Chamber Court awarded the woman concerned compensation of 750 euros plus interest. The state of Berlin had previously recognized a claim for compensation due to discrimination.
The plaintiff, Gabrielle Lebreton, had originally demanded at least 10,000 euros from the state of Berlin. Now she gets significantly less money and, according to the ruling, she also has to pay the entire legal costs. There are no appeals possible against the decision, said a court spokeswoman.
Approached by security guards and police
Lebreton invoked the anti-discrimination law, which is intended to protect people from discrimination by the authorities and enable claims for damages. She visited the Plansche water playground in the Treptow-Köpenick district of Berlin in June 2021. There she sat topless on a blanket. After one man complained, security guards asked him to cover his breasts or leave the place. When she refused, police were called in. Finally Lebreton left. She then complained to the anti-discrimination agency.
The ombudsman assumed discrimination. On their recommendation, the district changed the usage regulations for the playground. According to this, the swimwear must completely cover the primary sexual organs - i.e. not the breasts - for all genders.
Court: Lebreton entered into confrontation “consciously”.
The court now said that the plaintiff had “consciously and intentionally entered into a confrontation”. Her goal was to counteract the taboo and sexualization of the female breast. Although this does not change the alleged discrimination, it must be taken into account when calculating compensation. This makes the case different from cases in which “citizens are unforeseen and inescapably confronted with state superiority.”
The Society for Freedom Rights (GFF), which supported Lebreton in the proceedings, criticized this view. The court took into account the plaintiff's socio-political commitment to mitigate the damage. This misunderstands cause and effect. At the same time, the GFF described the case as an important procedure regarding the still young Berlin law. Despite everything, the fight was worth it, said plaintiff Lebreton.
In the first instance, the Berlin Regional Court dismissed their lawsuit in 2022. The judges said she was not unlawfully discriminated against because of her gender. In its decision, the Court of Appeal did not address the question of whether there was gender-specific discrimination. It cited procedural reasons for this.
has/dpa