JONES BEACH - A longtime Jones Beach lifeguard has filed a lawsuit against the state claiming that he was forced out of his job for refusing to wear a Speedo.

Roy Lester says in 2007, after working four decades as a lifeguard, the 61-year-old was told to squeeze into the skimpy, form-fitting bathing suit for his annual swim test instead of the modest biking shorts he prefers. When Lester refused to comply, he was let go.

"A Speedo when you're 61 years old is not appropriate," he says.

Lester's lawsuit against the State Office of Parks, Recreation and Historic Preservation cites age discrimination.

However, a state spokesperson says it doesn't discriminate based on age, saying that nearly 30 percent of lifeguards hired in 2007 were over the age of 40.

Lester says his lawsuit was already dismissed twice, but recently, a state appeals court reinstated the claim. The Long Beach man is representing himself since he is an attorney.