Roy Lester, 61, has filed a rather novel challenge against the New York Office of Parks, Recreation and Historic Preservation. Lester is a bankruptcy lawyer who has worked as a Long Island lifeguard as a second job. He has filed an age discrimination suit based on the requirement that he wear either a speedo swimsuit or, alternatively, a loose-fitting swimsuit. He insists that he should be allowed to wear swim jammers and that the denial of his choice constitutes age discrimination. Lester is a bankruptcy lawyer and this lawsuit indicates that he is better suited for that field than constitutional and discrimination law.
Lester is quoted as saying “There should be a law prohibiting anyone over the age of 50 from wearing a Speedo.” However, the state allows the wearing of two loose-fitting options—boxers or board shorts. Lester insists that such looser suits slow him down as opposed to the swim jammers that are tight and reach to the knee.
Lester was the chief negotiator of the lifeguard union. He is now lifeguarding at a private beach.
The New York State Division of Human Rights had dismissed Lester’s 2007 complaint. His appeal was then denied after he filed too late. He then filed a new complaint in 2009, which was also dismissed by then reinstated by a New York appellate court. I fail to understand the decision to allow this lawsuit to go forward. I fail to see the merit behind such claims. Indeed, it would appear ripe for Rule II sanctions. It is not like they are requiring mankinis. They allow two uniform choices for lifeguards and I fail to see who allowing trunks as well as speedos is a matter of age discrimination.
As a former lifeguard, I found one fact particularly interesting: “of 271 lifeguards hired for the 2007 season, 80 ranged in age from 40 to 80 years old.” An eighty-year-old lifeguard? Since he or she has to qualify, that is pretty darn impressive. It also would appear to undermine allegations of age discrimination.
Source: ABA Journal and ABC News
14 thoughts on “Swimsuit Lawsuit: Bankruptcy Lawyer Sues New York Over Swimsuit Requirements in Lifeguard Tryouts”
Thank you for the auspicious writeup. It if truth be told was a leisure account it. Look advanced to far introduced agreeable from you! However, how can we keep up a correspondence?
nOrmal water theme parks are a fun way to conquer the summertime warmth. Each and every year a huge number of people recurrent drinking water recreational areas throughout the nation to enjoy the actual enjoyment associated with h2o voyages. Generally there …swim fins
Why is no one explaining the ban on jammers? How are they any less effective as swimwear? They’re certainly not inappropriate in public, so there’s no valid reason for it.
The only reason I can see to “ban” jammers is those selecting lifeguards are basing the decision on looks. Many men wear jammers as a sort-of girdle to hold in theirs stomachs, while loose fitting dork short and speedos both require a flat stomach to wear them. I’d bet the idiots would also ban neoprene shorties and diveskins, even though such swimwear would be just as practical.
south of new smyrna beach florida in Canaveral national seashore if you take the last beach access before reaching the point, walk down the beach south about 100 yards and you’ll see a small sign “may encounter nude sunbathers”.
unfortunately it is within the five mile radius of the launch pad and was always closed during shuttle launches.
It is bathed on age discrimination…..I can see his point…But apparently he is employed as a guard on a private beach….
One should never be tempted to dive into a swimming pool wearing a mankini.
Frankly: “Wouldn’t it be better if the swam as our Spartan forefathers, wearing nothing to slow them down & highly oiled to reduce drag in the water?
h/t to General J.C. Christian”
Jesus’ General thinks just about everything should be done in the Spartan manner, with oil applied liberally. It’s part of his charm. 🙂
A wicked, wicked satirist of the Christian right for many years, he and The Rude Pundit are favorites of mine.
If he can past the test at 61, let him wear whatever he wants to.
And your B’day suit is likely at least as snug as his swim jammers.
There is nothing better in water than swimming nude. Of course I only know that from what people have told me.
mespo sez: “…..you never mentioned what kind of beaches you enjoyed in France?”
As I wrote yesterday in the ‘kilt’ thread, there are some things we are better off not knowing. 😯
Wouldn’t it be better if the swam as our Spartan forefathers, wearing nothing to slow them down & highly oiled to reduce drag in the water?
h/t to General J.C. Christian
Given your former employment as a a lifeguard, we anxiously await photos of the Turley swimwear collection for 2012. By the way, you never mentioned what kind of beaches you enjoyed in France? 😀
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