Brian Coldin is fighting for the right to order a Papa burger or a double-double while naked.
The self-described “naturist” was charged for being nude at the drive-thru windows of A&W and Tim Hortons in Bracebridge, Ont.
It’s also alleged Coldin pretended to reach into a non-existent back pocket for his wallet.
The alleged incidents happened in 2008 and 2009. Employees at the A&W and Tim Hortons testified during his trial that they were uncomfortable at the sight of Coldin’s genitals. A&W employee Jennifer Swift wept on the stand as she recounted the incident in court.
Coldin, who runs a clothing-optional resort in Muskoka, believes the law regarding public nudity violates his constitutional rights and he’ll be in court Tuesday to challenge the charges against him.
Being nude in a public place or being exposed to the public while on private property is illegal under Section 174 of the Criminal Code of Canada.
The judge will rule on whether Coldin is guilty and on the constitutionality of the nudity laws at the same time, according to the Canadian Press.
Coldin’s lawyer says if a judge decides to overturn the laws regarding nudity, sunbathing in your birthday suit or changing at the beach will no longer be a crime. Acting inappropriately in these situations could still merit charges under public indecency laws.
With files from The Canadian Press.