The District Court in Bolesławiec dismissed proceedings on April 21 against Monika Pacyfka Tichy, who had been accused of an indecent act during a parade held as part of the 2024 Ceramics Festival. The case concerned taking part in the procession as “clay people” – with their bodies covered in clay and without the upper part of their clothing. We described it in the article: We show breasts in clay that attacked the mayor of Bolesławiec.

Judge Aleksandra Dołharz announced the decision, stating that the accused’s conduct did not meet the elements of an offense. As she emphasized:

The conduct of the accused, Monika Tichy, did not violate generally accepted moral standards and did not cause public outrage. (…) The above-mentioned event was artistic in nature and constitutes a circumstance excluding the unlawfulness of the act. (…) There are no grounds for finding that the elements of the offense specified in Article 140 of the Code of Petty Offenses were fulfilled.

The court drew attention to the event’s context, its many-year tradition and the fact that participants could expect this form of expression. The justification also referred to the constitutional freedom of artistic creation.

The accused’s defense counsel, attorney Marcin Pawelec-Jakowiecki, described the ruling as exceptionally significant:

The decision is entirely correct and groundbreaking in some respects. The court directly derived from the Constitution a basis indicating the absence of unlawfulness. (…) We were dealing with the instrumentalization of petty-offense law, aimed at censoring freedom of speech and artistic expression.

Monika Monika Pacyfka Tichy herself made no secret of her satisfaction with the ruling. Speaking after the decision was announced, she said:

I ended up in court for a performance during the 2024 Ceramics Festival, when, as clay people – covered in clay and wearing only the lower part of our underwear – we portrayed the biblical Adam and Eve. We carried a sign reading “We are all made of the same clay” against a rainbow background, and I think that this element was the main reason for the authorities’ reaction. In previous years, topless clay people had been accepted and even awarded prizes, which is why this context is crucial. I am very happy about the dismissal – it is an important ruling for freedom and for me personally.

Grażyna Grażyna Hanaf, who was involved in organizing the event, assessed the court’s decision similarly:

I am happy; it was very important to me because I had permission for us to go as topless clay people. (…) This is an important ruling for the LGBTQ+ movement, for freedom as such, and for the fact that freedom is always and everywhere present in the City of Ceramics.

In turn, Krzysztof Gwizdała of the istotne.pl portal drew attention to the context of the entire case:

It was clear to us from the beginning that this was simply an artistic action. The clay people had always gone topless – it had never been a problem. The problem only arose when the rainbow banner appeared. I do not know what the future will bring in Bolesławiec, because for now, it seems to me that there is still a homophobic attitude among the city authorities. We hope that this will change, because the mayor boasts that we are a European city, while for now there is somewhat less European spirit in this respect.

The case concerned events on August 16, 2024, when two participants took on the roles of clay people during a parade in central Bolesławiec – one of the symbols of the Ceramics Festival. During the procession, they also displayed the slogan “We are all made of the same clay” against a rainbow background.

The court’s decision is not final. The parties have seven days to file an appeal with the District Court in Jelenia Góra.