Geneva burkini law causes first legal dispute

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• The town of Vernier has lodged a complaint against Geneva's new swimwear law.
• The regulation effectively bans burkinis and also affects certain UV-protective clothing.
• Other municipalities and private individuals could also take legal action against the law.

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The dispute over the burkini ban in Geneva's swimming pools is now before the courts. The town of Vernier has challenged the new cantonal law in court.

The law, which came into force at the end of May, stipulates swimwear that ends above the knees and leaves the arms uncovered. It therefore effectively bans the wearing of burkinis as well as UV-protective clothing in swimming pools. Geneva is the first canton in Switzerland to introduce such a law.

Vernier also requested the suspensive effect of the appeal. "This law is unclear and unenforceable," Mayor Martin Staub told the Keystone-SDA news agency on Friday. He was confirming a report by French-speaking Swiss radio and television station RTS.

Health reasons?

In its complaint, the city argues, among other things, that there is no clearly recognizable public interest. Health aspects could also be affected. According to Vernier, the regulation excludes bathers who are dependent on covering clothing to protect them from the sun.

The municipality also believes that its municipal autonomy has been violated. The wearing of covering swimwear has not yet led to any public order problems or difficulties in the operation of swimming pools. In addition, the law could restrict access to public swimming facilities for some of the population.

SVP wanted burkini ban

The law was passed by the Grand Council in March. The starting point was a proposal by the SVP, which was directed against burkinis. An amendment tabled by the Centre Party ultimately formulated the provision more generally: only one- or two-piece swimsuits and swimming trunks that end above the knees and leave the arms free are permitted.

State Councillor Carole-Anne Kast had already warned MPs during the debate that the bill could infringe individual freedom and municipal autonomy. She predicted at the time that the courts would deal with the law.

The first appeal has now been lodged in the form of Vernier's complaint. Further appeals are expected. The municipalities of Lancy and Carouge are also preparing legal action. Individual private individuals are also likely to take legal action against the law.