By Cameron Houston
A PROPOSED ''gay-proof fence'' designed to stop lewd behaviour on the foreshore of a popular nudist beach has divided residents on the Mornington Peninsula, and infuriated equal opportunity groups.
The Victorian Civil and Administrative Tribunal will decide if prominent businessman Charles Jacobsen can build a 400-metre fence that would separate Moondah Beach from a public foreshore reserve in Mount Eliza. The reserve sits in front of Mr Jacobsen's 11-hectare private estate and next to Sunnyside North - one of four ''clothing optional'' beaches in Melbourne.
Mornington Peninsula councillor Leigh Eustace, sporting a "giveaway" backpack, at the site of a proposed fence designed to stop lewd behaviour at a popular nudist beach.Credit: Craig Sillitoe
At a development meeting with Mornington Peninsula Shire Council in February, Mr Jacobsen raised hackles when he said the area had become a notorious pick-up spot for homosexuals, who created ''love nests'' among foreshore vegetation.
Mayor Graham Pittock said the campaign to build a 1.8-metre boundary fence within metres of the high-tide mark was explicitly targeted at homosexuals and violated Victoria's human rights charter.
Illustration: Matt Golding.
''This was always about stopping behaviour that he [Mr Jacobsen] found disgusting. Obviously, people can't be denied access to public spaces because of their sexual preference,'' Cr Pittock said.
Mr Jacobsen courted further controversy during a recent site visit with councillors, when he allegedly made the claim that gay men could be identified by their choice of luggage, according to Cr Leigh Eustace.
''When we saw a man running along the beach with a backpack, Mr Jacobsen said this was a giveaway sign of a homosexual,'' Cr Eustace said. Mr Jacobsen's alleged comments were branded ''ridiculous and offensive at the same time'' by the Victorian Gay & Lesbian Rights Lobby.
''The whole idea of erecting a fence to keep out gay men specifically is ludicrous. It's blatant discrimination and fortunately our equal opportunity laws apply to public spaces,'' the group's convener, Sarah Rogan, said.
The contentious plan has found pockets of support among residents of the coastal town.
Margaret, who asked that her surname be withheld, said she had encountered gay couples having sex on two occasions. She said public indecency was against the law, regardless of sexual orientation.
''It's not the sort of thing you want to see when you're walking your dog. A lot of the people who live here permanently are fed up, especially those with kids. It's not about them being gay, it's about them doing it in public,'' she said.
Mornington Police Senior Sergeant Neil Aubert confirmed that several complaints were received each year regarding inappropriate behaviour along the foreshore.
''We have had calls about it being a meeting place for some gays and we have been down there and you can certainly see some little meeting areas among the tea-trees,'' Senior Sergeant Aubert said.
Mr Jacobsen refused to answer questions when contacted by The Sunday Age. ''This has been blown out of all proportion. I'm sick of it. Just let it run its course. We're taking the council back to VCAT on a couple of issues, and it will all be sorted out,'' he said.
The retirement village owner set a Victorian auction record in 2006 when he paid $14.5 million for the Mount Eliza property formerly owned by Sir Reginald Ansett and the Myer Family.
His plans to alter the title boundaries and build two houses on the land met fierce opposition from council and conservation groups, before VCAT approved the subdivision in December 2007, when Mr Jacobsen offered to donate the foreshore land to the public. VCAT also ruled the reserve should be fenced off from Mr Jacobsen's land.
The location of the perimeter fence - its proximity to the beach - and a dispute over who should cover the cost of maintaining the environmentally sensitive reserve are expected to be decided by VCAT in the next two months.