The burkini is rather more than a peculiar bathing costume, being both a test of the Western freedom to dress as one wishes and part of the Islamic campaign to make the misogynist manifestations of sharia law both commonplace and unremarkable
Public nudity or near nudity and outrageously lewd behaviour on Main Street in the cold light of day might bring the constabulary into play. Of course all kinds of questions arise as to how nude or lewd you are allowed to be. These are questions that Western societies have wrestled with for a long time, and it is true to say that what you can get away with now would have shocked our forbears.
On the other side of the coin, I doubt whether in the history of mankind there has ever been a mandate to restrict the extent to which people can cover up when in purely public places. Widow’s weeds never caused a stir. And quite right too, you might concur. In the normal course of daily life the law has no business telling anybody to partially disrobe.
Here’s the rub. If society brings the law into play to restrict the extent to which people can cover up in public it has to be derivative of other broader laws put in place to protect society from serious harm. Overdress laws cannot pull themselves up by their own bootstraps. Not in our tolerant and free Western societies they can’t. Thus Nice and other French towns which are attempting to ban the so-called burkini predictably find it tough going.
The argument is made that Muslim women must be protected from a medieval patriarchal oppression which forces them to cover up. Unfortunately, if asked, that Muslim woman on the beach in Nice, forced to partially disrobe by the police, would say that her choice of garb that day was hers and hers alone. Without the benefit of mind-reading how can we insist otherwise?
Of course oppression can be insidious, working its way into the minds of the oppressed so that they come to regard their subservient status as normal. We might believe that this has happened to many women in Islamic societies. If so, little can be done about it short of Muslim women rising up like latter-day suffragettes. There are already laws on the books preventing one person from harassing and threatening another.
By the way, the woman on the beach would also deny that she is a small part of the Islamic campaign to push sharia law; and, in this case, in the very place in July where 86 people were killed and many more injured in the name of Islam. It is shameful on its face, but she would deny having a political motive. Common sense tells us otherwise, but that doesn’t help.