Florida Judge Rules Against Fashion Police

Says Local Law Banning Saggy Pants Is Unconstitutional

(CBS/AP)  A judge has decided a law banning sagging pants in this town is unconstitutional after a teenager spent a night in jail on accusations he exposed too much of his underwear.

Julius Hart, 17, was charged last week after an officer said he spotted the teenager riding his bicycle with 4 inches to 5 inches of blue-and-black boxer shorts revealed.

Hart's public defender, Carol Bickerstaff, urged a judge Monday to strike down the sagging pants law, telling him: "Your honor, we now have the fashion police."

Circuit Judge Paul Moyle ruled that the law was unconstitutional based on "the limited facts" of the case. Technically, however, the charge hasn't been dropped yet: a new arraignment awaits Hart on Oct. 5.

Voters in Riviera Beach approved the law in March. A first offense for sagging pants carries a $150 fine or community service, and habitual offenders face the possibility of jail time.

Proposals to ban saggy pants are gaining ground in several places around the U.S., and have met with opposition from civil liberties advocates who say they will lead to racial profiling against young African-Americans.

The fashion is believed to have started in prisons, where inmates are not given belts with their baggy uniform pants to prevent hangings and beatings. By the late 1980s, the trend had made it to gangster rap videos, then went on to skateboarders in the suburbs and high school hallways.

Bickerstaff said she wants the city to drop the law - regardless of whether anyone dislikes low-riding pants.

"The first time I saw this particular fashion, I disliked it," she told the judge. "And then I realized I'm getting old."

The issue in Riviera Beach illustrates a larger trend among U.S. cities that have outlawed the fashion trend.

For example, in Flint, Mich., a city with a similar law banning droopy drawers, Police Chief David Dicks said his officers will continue to arrest violators in spite of the Florida ruling. Dicks called the style of dress "disorderly" in an interview with The Detroit Free Press.

And the hubbub isn't isolated to suburban areas either. Last year, in Dallas, Deputy Mayor Pro Tem Dwaine Caraway proposed that the city council send a message to young men in his city; Pull your pants up.

"This is not about the government trying to control how you dress," Mr. Caraway told The Dallas Morning News. "It’s to protect the rights of others who don’t want to see someone’s butt."

[silverado2nv]

RAG HEADED RAPPERS AND WANNA BE GANGSTERS THAT CANT KEEP THIER PANTS UP AND THIER SHIRT TAIL TUCKED IN.THIS IS BLACK PEOPLE BEING ******* AND WHITE PEOPLE EXHIBITING THIER ABILITY TO FULL FILL THIER AMBITION TO BE WHITE TRASH AND DEFIANT LOSERS.

Posted by tootall10142 at 10:28 AM : Sep 20, 2008

You my friend are a ***, get over it and go change your depends, ohh and you might want to hit the CAPS LOCK

[babooph]

How do the family values politicians dress -I know they have a" wide stance"-pants are "high" or off?

[barbaram99]

My father is a vet. I realise this 08. I wear jeans and comy garments. No I do not dress in that manner. I am older. When I go out I am covered. They see my face,hands and not my underwear..Have them folks read the constution? What it is they want to applease the them by saying it is a black thing .It is not. White,black,male,female and all ages do this. WHY. They want to belong to something and clothes send that message. Sure they want to dress as their peers. I was a teen and I was told what I could /could not wear. We had dress codes.I have met persons who would not males most so who told them would not cut their hair and remove the ear rings to serve this nation. That earring was more inportant to him than America asking his service. It is the same with the bloody haft dressed ,body art,etc. I read that most can''t enter the military. I can''t due to age and blindness and phy handcaps. I thank our vets and troops. I don''t just say that here. I do and *** their paw. When it comes to the kids I can''t blame them. I do the adults who allow this. No where in the condtution does it say we are allowed to dress to shock,control,etc. There are dress codes at school,work,home, How we dress has/is/will be a sore spot. I did have this problem and when I raised my paw in class my blouse did not stay put and so that meant I had to a not raise my paw or b have to tuck it in right there. I wore what I was given to as a fostor child. I was not allowed to dress as the other girls.

[ericv2644]

The sagging pant style originated in jail, the homosexuals would wear their pant low to indicate that they were willing to have anal intercourse. The lower the pant the more they were willing to do sexually. Maybe if these kids knew where this style started they would be less willing to expose themselves.

[tootall10142]

RAG HEADED RAPPERS AND WANNA BE GANGSTERS THAT CANT KEEP THIER PANTS UP AND THIER SHIRT TAIL TUCKED IN.THIS IS BLACK PEOPLE BEING ******* AND WHITE PEOPLE EXHIBITING THIER ABILITY TO FULL FILL THIER AMBITION TO BE WHITE TRASH AND DEFIANT LOSERS.

[swwils]

People we have more things to worry about than sagging pants,I mean there are countries out there trying to destroy America,and all Americans,lets get our S.H.I.t. together for once and stand united.

[myopinion381]

I, myself, don''t have a problem if people want to walk around with their underware hanging out and their pants about to fall down. I have, however, asked my teenage daughter what she thinks of it and she said they look stupid. Good thing her boyfriend doesn''t do it. Think I would have to get out a staple/nail gun and make sure they don''t fall down.

[indianaman13]

at least plumbers work. Kids, and children in adult bodies, simply, and will always, flaunt the rule of law, and social ecxeptance of an older generation, just to be a rebel.

cutie89tx, have you had your meds today? You seem to be rambling about three different things at once, not making sense of any of them...

Guess all plumber will need to wear overalls....

[cutie89tx]

Posted by Bob5ford at 07:32 PM : Sep 18, 2008
+ report abuse

'''' .. i saw a tiny nudist kid once walking down a city sidewalk, a full grown man with a badge and a gun told her to get dressed or he''''d have to do things to her, and she whispered something to him and they lived happily ever after, for about twenty minutes till she got bored with him .. ''''


---ok, stop talking about porn.
__________________________________
Posted by stick1771 at 06:53 PM : Sep 18, 2008
report abuse
Grow Up Morons. It''''s not nudity to show underwear. If a hottie jumps out of the car in a bikini at am/pm for a soda on the way to the pool bet your old self doesn''''t say any thing about that do you. We are talking about America and her freadoms. You know, the thing our men and women are over seas fighting for. I bet more than half of those boys over there wore thier pants that way before they left to boot camp. Now you clowns want to make it a crime. Next it will be hair color.

---it''s "freEdom" -not "freAdom". anyway, they''re not fighting for our freedoms over there. They''re fighting for something else; terrorists can take away lives but seriously, what can they do to abolish our freedom? they can''t completely take over our country - especially when they are located in terrorist cells throughout various countries...

[cutie89tx]

isn''t it racist to begin with for someone to say that only african-americans wear their pants like that? and by the way, it''s almost similar to a girl who wears low low low-rise jeans with her granny panties hanging out. it''s not always "indecent" but no one needs to see your underwear. What''s the point of that? You''re not at home. You''re in public.

[beehive21-2009]

The Judge made the right call,riding a bike in a bathing suit is not against the law,so whats up with the cop.Hope the police have more important things to do.

[xraytwonine]

gotta love this country, we are constantly on the edge of becoming either a fascist or communist state

[stupidrules3]

I saw a sign in a local liquor store window that said:

If you want to be treated with respect, pull up your pants. If you don''t want to pull up your pants, go somewhere else.

I guess the owner of this store is exercising his freedom too.

[stupidrules3]

If all the thugs want to wear their pants like that, let them. The cops love it. Have you ever tried to run with your pants crotch at your knees? It also makes them easier to identify. What? Profiling? If it walks like a duck and quacks like a duck.......

[dsr57]

What I find weird is that I graduated from high school in 97. and when I was a freshman which was 15 years ago, we were all sagging our pants. it%u2019s not like this is new. God, now that I think about it, 2 years before that we were tight rolling our pants too, now THAT was embarrassing.

[dsr57]

Judge Moyle says its unconstitutional but fails to say why. I guess laws against public nudity are also unconstitutional.

Posted by downsteamjim

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Not even close to the same thing. A woman wearing bikini bottoms around town would probably get looked at funny but she would be well within her rights to do so and all they are is basically underware. So, what''s the difference if a guy wears pants showing his underware? I mean seriously, have you seen some of the runners shorts? They might as well be speedo''s and NO MAN should ever wear Speedo''s. Ever.

[airboatboy1]

I''m afraid if they outlaw this next they will outlaw bikinis or thongs, so let em'' wear em'' down to their ankles. I hate it, but if ya'' don''t like it, don''t look.

[rudy654-2009]

How hypocritical. A judge can tell me that I have to dress appropriately in his courtroom but the people cannot tell others to pull up their pants when out in public.