A commune in Picardy Wallonia is facing a delicate situation as the head of a refreshment bar at a sports center, who is an independent manager contracted by the municipality, was recently let go. This manager was filmed performing a drunk striptease and playing naked with an “air-guitar” in a video that went viral on social networks through private messaging. The incident occurred at a communal and public place frequented by families, sportsmen, and citizens. The manager’s behavior raised moral and legal concerns since the incident occurred in violation of the bond of trust established between the municipality and the independent manager. If the agreement between the parties includes a morality clause, the manager may face further consequences. Furthermore, criminal charges, namely public contempt of good morals and exhibitionism, may potentially be filed against the manager. However, it is unclear whether the bar was in a public or private place at the time of the incident. The outcome of the case remains uncertain as both the municipality and the independent manager have hired lawyers.
It is a somewhat delicate situation that a commune in Picardy Wallonia is experiencing. On the territory, a sports center has a refreshment bar. At its head, an independent manager in direct contract with the municipality in question.
A few weeks ago, this one let go. In a video, we see this manager, visibly drunk, perform a striptease and play the “air-guitar” completely naked. It took him very badly! The other person present filmed it, and this video finally made the rounds of social networks via private messaging. Unfortunately, this episode occurred in this famous bar. A communal place, therefore, and public where families, sportsmen and citizens come to have a drink. Result, and even if there were few of them in the place, since the scene would have taken place in the middle of the night when the establishment was closed, this obviously raises questions. Above all, a moral question.
A morality clause?
Should the municipality cease all collaboration with the independent manager? Are there any appeal options? “I imagine that the municipality can put forward a breach of the agreement due to the breach of the bond of trust that has been established. On the commercial aspect, it seems possible to terminate the contract, “said Lucas Rodriguez, a lawyer in the region. Without knowing the ins and outs of the case or the contracts that bind this municipality to this independent manager, these are however hypotheses.
If this agreement mentions a morality clause, there too, the manager could be put at odds. “I imagine very badly that this convention does not take again a certain duty of morality, integrity… I do not see how one would have forgotten this kind of concept”, continues Lucas Rodriguez.
Public or private place?
Another possibility: a criminal complaint could be filed. Last year, the law of March 21, 2022 came to modify the penal code with regard to sexual criminal law. “It upsets all this material which had become completely obsolete in many fields of application”, specifies the lawyer.
With regard to this case, two prejudices could potentially be retained. “Public contempt of good morals and exhibitionism. For me, the first charge does not meet the constituent elements of this offense because there is no violent character. I do not see on what basis one could retain it. On the other hand, the second consists in imposing on the sight of others his own naked genitalia or an act of a sexual nature that occurred in a public place or accessible to the public”, continues the lawyer. Although this reflection is still hypothetical, one can perhaps consider that the facts alleged against the manager of the cafeteria fall within the scope of exhibitionism.
It remains to be determined whether it is indeed a public place… “At the time when the events took place, were we in a public place or deemed to be closed? The question is open! » Is the locking of the establishment enough to make it a private place? Were the curtains open or closed?
What will ultimately be the outcome of this case? Will the collaboration between the municipality and the independent manager come to an end? At present, no one knows. The manager has hired a lawyer, the municipality is also looking for advice.
In conclusion, the situation in the Picardy Wallonia commune is a delicate one. The incident at the sports center’s refreshment bar has raised concerns about morality and public decency. While there are legal options available to the municipality and the independent manager, there is still uncertainty around whether the incident occurred in a public or private place. The outcome of this case remains unknown, as both parties seek legal advice. It remains to be seen what action will be taken to address the breach of the bond of trust and the potential legal ramifications of the incident.