Bronx Judge: Saggy Pants Foolish But Not Illegal

By KIRSTIN COLE

NEW YORK (CBS 2) -- An NYPD officer recently gave a Bronx man a ticket for saggy pants, but a judge tossed the offense saying it wasn't legal.

It seems everyone from musicians to teens to hipsters has embraced the low-rise pants phenomenon. But now some people and cities want to ban the practice.

But is a ban saggy pants legal?

"Not in the state of New York," Judge Ruben Franco told CBS 2 HD on Thursday. "In the state of New York there is no such law."

Franco has ruled on many saggy pants cases in his courtroom and has the same decision each time for police officers who write tickets for disorderly conduct.

"We may find this mode of dress distasteful, but it's not illegal," Franco said. "The constitution does permit for foolishness in people in their mode of dress."

Two cities in Georgia and Louisiana have successfully banned the sagging pants practice.

The Yonkers City Council tried, and gave up after an uproar from voters.

New York City Mayor Michael Bloomberg said Thursday that police officers are not allowed to play style police.

"I don't judge people on how they look or how they dress," Bloomberg said. "I judge people about how they act."

The father of the Bronx man who was ticketed called his son's decision to wear the sagging pants a "fashion statement."

For now, hipsters have the legal right to bare however much they care to.

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