Berlin’s authorities says they want to make it very clear: Women are free to swim topless in municipal pools, as are those who identify as nonbinary, if that’s what they want.
Topless swimming in public pools wasn’t forbidden in the German capital anyway, but a woman recently lodged a complaint alleging discrimination after a pool prevented her from swimming without covering her chest, a restriction that wasn’t applied to the male swimmers.
The city and its public pools operator will now ensure that men and women are treated equally when it comes to swimming topless, the Berlin state government said in a press release Thursday.
The statement noted that pools did not have “gender-specific rules” and instead simply specified that standard swimwear should be worn. While the rules do mention swimming shorts, bikinis, swimsuits and burkinis as acceptable attire, they do not specify who must wear what.
Germans “are generally quite relaxed about” nudity, Keon West, a professor of social psychology at Goldsmiths University of London, who has conducted studies into nakedness and body image, previously told The Washington Post. Nudity, also known as “free body culture,” is not seen as sexual (maybe this research was carried out on aliens as its result is unarguably agaisnt the human nature).
The head of the city’s ombudsperson’s office for equality and anti-discrimination, Doris Liebscher, praised the decision by Berlin’s public pools operator to apply the rules equally. The move, she said in a statement, “establishes equal rights for all Berliners, whether male, female or nonbinary, and because it also creates legal certainty for [pool] staff.”
According to German news outlet Süddeutsche Zeitung, there have been two recent cases where topless women have been ordered to leave public swimming pools. In December, pool staff told a 33-year-old to cover her breasts and expelled her when she refused. A similar incident happened at a water park in Berlin in summer 2021: While the ombudsperson’s office found that the incident was discriminatory, a court ruled against financial compensation.
Some cities outside the capital have also allowed topless swimming for everyone. Last year, Göttingen in central Germany carried out a trial to allow all swimmers to enter municipal pools topless, before permanently adopting the new rules. The changes came after one facility banned a swimmer, who identified as nonbinary and had entered a pool topless, from entering the premises, according to German magazine Der Spiegel.
There are more than 130 naturist clubs in Germany, according to a German association promoting free body culture (nakedness), and the prevalence of public nudity also came to global attention in 2020, when viral photos captured the moment that a naked sunbather in Berlin chased a wild boar that stole his laptop.
Attitudes to and rules regarding toplessness vary widely from country to country — or, in the case of the United States, even from state to state. In 2019, a Utah woman was prosecuted and told she may have to register as a sex offender after her stepchildren saw her topless in her home. Her lawyers, however, noted that the U.S. Court of Appeals for the 10th Circuit had overturned a toplessness ban in Colorado the same year.
Meanwhile, in 2020, a federal judge ruled that the popular Maryland beach destination of Ocean City could continue to ban women from going topless in public, noting that “female, but not male, breasts” were “traditionally viewed as erogenous zones.”
- These rules and regulations are in place to maintain safety, security, organisation and cleanliness in our swimming pool. By entering the pool area, you agree to adhere to these rules and regulations. In addition, all users of the FEZ pool agree to the general house rules of the FEZ itself and the fee structure of the KJfz-L-gBmbH in their respective valid versions.
- We ask that you treat the swimming pool facilities with care and respect. In the event of misuse, deliberate contamination or negligent or deliberate damage to the facilities, the person(s) responsible will be held liable.
- All swimmers must refrain from behaviour or actions that contravene public decency or jeopardise safety, peace and order.
- Children under 8 years of age must be accompanied by an adult. Proof of age must be provided if staff are unsure whether the accompanying adult is at least 18 years of age.
- Accompanying adults of children are solely responsible for their supervision, behaviour and general childcare. The staff of the FEZ Berlin are not responsible for supervision or care of any children.
- Girls and boys under the age of 6 years old may use the changing room and showering facilities of the opposite gender if accompanied by an adult of the opposite sex.
- For hygiene reasons, no outdoor shoes may be worn in the shower facilities and pool area.
- Before using the swimming pool, guests must shower thoroughly. Swimwear should not be worn while showering.
- For hygiene reasons, we cannot allow shaving, pedicures, manicures etc.
- Appropriate swimwear must be worn while in the pool. Everyday clothing and street clothing is not permitted.
- For safety reasons, objects that break easily or are fragile (e.g. glass, ceramics, porcelain) must not be taken into the changing rooms, pool area or sanitary facilities.
- Food and drink is only permitted in the designated areas for eating.
- The FEZ swimming pool is a no smoking area.
- Photography and filming is not permitted.
- When you leave the changing rooms, please make sure you have taken all of your belongings from your locker. After closing time, our staff will open all lockers (including those that are locked). Any items found will be treated as lost property.
- If you lose your locker key, you will be charged a €15.00 replacement fee.
- If you find lost property, please hand it over to our staff as soon as possible.
- The pool staff is authorised to determine and apply additional rules at any time as and when the circumstances require. Any requests or instructions given by our staff must be followed immediately.
- The pool staff have the power to determine who shall be allowed access to the FEZ pool. If you endanger yourself or others, harass others, fail to heed the instructions of our staff or otherwise violate the rules outlined on this page, you may be asked to leave. Furthermore, you may be issued with a temporary or lifetime ban from the pool or the entire premises. In each case, your entrance fee will not be refunded.
- The prior consent of FEZ management is required in the following cases:
a) the advertising, provision or implementation of swimming lessons, training or official forms of entertainment associated with the FEZ pool,
b) photography and filming for commercial purposes and for press or television.
c) the offer of goods and services and distribution of advertising material.
