Lifeguard, 61, sues state for firing him after he refused to wear Speedo

[lawren2 Malibu Beach Barbie & A Super Moderator Find all posts View Profile Close lawren2]

Roy Lester is out to prove that no man above the age of 50 has any business wearing a skimpy, form-hugging Speedo.

In 2007, Lester was forced out of the Jones Beach lifeguard job he had held for four decades when he was told he had to squeeze into a Speedo for the annual swim test.

The 61-year-old Long Island man, who preferred his slightly more modest pair of biking shorts, refused and lost his job.

Lester sued the state, claiming age discrimination, arguing the Speedo is for the washboard stomach set, not aging dads like him.

"I wore a Speedo when I was in my 20s," Lester said. "But come on. There should be a law prohibiting anyone over the age of 50 from wearing a Speedo."

Lester's swimsuit suit against the state Office of Parks, Recreation and Historic Preservation was dismissed on technical grounds in 2008. So was another suit Lester filed in 2009.

Last week, in a setback to the state attorney general, an appeals court reinstated his claim. Lester's case could go to trial this year or next in Nassau County.

Lester believes the Speedo edict was an attempt to rid Jones Beach of its aging lifeguards. The former lifeguard union head estimates that more than 80% of Jones Beach lifeguards are older than 40.

"This was not right," said Lester, a bankruptcy lawyer who is representing himself in the age discrimination claim. "They were just trying to get rid of the older guys. To me the whole key to being a good lifeguard is experience. An older guy sees a save before anyone else. You know the water."

Lester has butted heads with bosses before. In a 2006 union newsletter posting, he accused officials of disciplining Jewish lifeguards more often than non-Jews.

State officials declined to comment on the suit.

Long Island lifeguards must pass a more rigorous array of tests than lifeguards elsewhere in the state in order to work at one of eight state beaches.

Male candidates must wear "boxer, briefs or board shorts" during a 100-yard swim they must finish in 75 seconds, according to state standards.

In the city, prospective lifeguards are required only to wear a bathing suit; its size and make are unspecified.

State officials wouldn't say whether there was a Speedo-only policy in place when Lester showed up for his 100-yard swim in 2007 and again in 2008.

"I could have passed that test in dungarees," said Lester, an accomplished triathlete who last week finished at the top of his age group in a lifeguarding competition held in Cape May, N.J.

Fellow lifeguards sporting biker shorts to their annual test relented and donned the Speedo, Lester says.

For now, the father of three has settled for working as a lifeguard at the private Atlantic Beach near his Long Beach home. Three days a week, he and others do an hourlong open-water swim off Neptune Beach.

"At a certain point you have to stand up and say this isn't right," Lester says. "I sat in a lifeguard chair for 40 years and I loved it. To me, to back down would have made me a hypocrite."

tzambito@nydailynews.com


Read more: Lifeguard, 61, sues state for firing him after he refused to wear Speedo

[jackio Gold Contributor Find all posts View Profile Close jackio]

I think they should outlaw Speedos for everyone!
However, if it is specified in writing in advance what kind of suit you have to wear for your test, the rules are the rules...

[PigsDad Senior Member Find all posts View Profile Close PigsDad]

However, if it is specified in writing in advance what kind of suit you have to wear for your test, the rules are the rules...

So if the "rules" said you had to be a non-Jew with blond hair and blue eyes, would you feel the same way?

The issue here is that the rules are discriminatory, not that he didn't follow the rules. Big difference.

Kurt

[jackio Gold Contributor Find all posts View Profile Close jackio]

So if the "rules" said you had to be a non-Jew with blond hair and blue eyes, would you feel the same way?

The issue here is that the rules are discriminatory, not that he didn't follow the rules. Big difference.

Kurt

I think that is the basis of the lawsuit - that the rule is discriminatory. The firing was not discriminatory based on the rule, which was apparently enforced across the board. If he can prove the rules are discriminatory, he should be able to get back pay. On Long Island, lifeguards at Jones Beach are NY State employees. There is a lot more at stake here - pensions and state benefits.
To win the suit, he has to challenge the rule, not the enforcement.
While I don't necessarily think the rule is discriminatory, I do think lifeguards should be able to wear what they feel comfortable in as long as they are able to perform the job in a competant manner. Apparently this gentleman is more than capable of performing his job. I think the rule is ridiculous unless they can show there is a safety issue involved in wearing something other than the 3 approved suits. One could argue the rule is discriminatory to anyone who is fat, has scars, ugly abs, buttock dimples, etc.

[wackymother Senior Member Find all posts View Profile Close wackymother]

This article isn't very clear. He's saying that in 2007 and 2008, male candidates for the test were required to wear Speedos? And that's the basis of his lawsuit?

And the article is saying that today, male candidates can wear boxers, briefs, or board shorts?

So the rules have changed since 2008? But he doesn't want to reapply b/c he's suing?

When they say "Speedos," it had to be only the skimpy little kind of Speedos? Because Speedo is a brand, and they make all different cuts of men's (and women's) bathing suits. What if he had turned up in a nice, modest women's Speedo suit?

[mdurette Senior Member Find all posts View Profile Close mdurette]

This whole thread makes me think of a visit to Water Country in Virginia last year. There was a man there - sure he was over 60 with a tiny skimpy speedo. But.....wow was this guy in shape. He was simply lean and muscular. He certainly liked to show off all his hard work.

BUT....the thing he was really showing off was his size "down there" I simply stared almost in amazement.

But, at the end of the day.....I still would have preferred to see this guy in a regular pair of shorts. That speedo - simply made him look cheap.

[Ryne08 Senior Member Find all posts View Profile Close Ryne08]

Can speedo swim wear saved a drowning person any better?