DawgTalkers.net Forums DawgTalk Tailgate Forum Baggy pants ban "unconstitutional," rules US judge

MIAMI (AFP) - A Florida judge has deemed unconstitutional a law banning baggy pants that show off the wearer's underwear, local media reported Tuesday.

A 17-year-old spent a night in jail last week after police arrested him for wearing low pants in Riviera Beach, southeast Florida.

The law banning so-called "saggy pants" was approved by city voters in March after supporters of the bill collected nearly 5,000 signatures to put the measure on the ballot.

The teen would have received a 150 dollars fine or community service, but he spent the night in jail due to a history of marijuana use, the Palm Beach Post newspaper said.

"Somebody help me," said Palm Beach Circuit Judge Paul Moyle, before giving his decision.

"We're not talking about exposure of buttocks. No! We're talking about someone who has on pants whose underwear are apparently visible to a police officer who then makes an arrest and the basis is he's then held overnight, no bond."

"Your honor, we now have the fashion police," added public defender Carol Bickerstaff, who asked the law be declared "unconstitutional."

The judge agreed with Bickerstaff immediately, reported the Post.

Laws that ban low-slung pants are on the books in several US cities, including Delcambre, Louisiana, where offenders can be fined up to 500 dollars or jailed for up to six months.

Dallas, Texas and Atlanta, Georgia are among the larger US cities considering similar measures.

You won't hear a peep out of me if anyone wants to argue how stupid it looks to be wearing pants like that....but to be fined or get jail time is about the lamest thing I've ever heard!

Will there be a law about showing a tattoo off in public? What about dumb looking haircuts? And what if my skin is too pale? I'd qualify for all three. Lock me up and throw away the key I guess.

Fashion police is right. I'm glad the judge corrected this law.

Thank goodness... as ridiculous as I or anybody else may think it looks, clearly it doesn't warrant being labeled as criminal activity. Nice to see a bit of common sense exercised by the judiciary.

Peen, somebody, anybody... can a judge from the bench declare a law unconstitutional? I thought it took a little more process than that.

Circuit court judges can rule something unconstitutional...usually something with a standing ruling in their favor. They don't usually set out seeking to set a new precedent.

In his ruling he also added "based on the limited facts"...which is his "out" on the matter.

Challenges to written laws start somewhere, and in this case, it was in this court. Laws are overturned for a reason, and the reason is almost always it doesn't meet some constitutional standard.

Bottom line...the judge at this level gives his or her opinion as they see it and as the facts were argued in his courtroom...Superior district, State, and State and US Supreme courts would have the final say on this judges initial ruling and subsequent rulings if it is challenged and overturned.

I knew there was a reason we kept Ballpeen around here.

So, what your saying is that this is probably far from settled

Lest someone think I'm for showing underwear in public,, let me say,, I've seen fashion trends come and go.. I'm 56 years old, so I've seen some wierd stuff.. especially in the 60's and late 70's. Who doesn't remember Elephant Bell bottoms pants.. man you could hide a volkswagon in just the bottom of your pants.

But showing your underwear in public,,, come on,, That's disgusting.. But it should not be illegal IMO... (Yeah, for what that's worth)


Parents,, Teach your children well... I know my dad would have made me regret waking up that morning if he saw me dressed like that

I know exactly what my dad would have said,, wear what you want,, but don't be vulgar and cover everything thats supposed to be covered...

Ok, now THAT ... should be unconsititutional.

This is why basketball games weren't broadcast in high-def until just recently.

So, may I ask how can a public school mandate a uniform? Why can a publicly funded school have a "dress code", but a city can't? Just curious.

Who knows??

It is pretty muddled in how courts view that issue. In some cases opposite sides cite the same supreme court decision to support their argument.

In the end, it's something that hasn't been resolved. I think it was Justice Clark who said "there is no war between the constitution and common sense".

I think right now common sense is the rule to be followed...sometimes even the laws can't define or override common sense.

Self expression issues can be infringed upon in a straight line view of the constitution, but the constitution shouldn't be used as a battering ram against common sense.

Sorry...that is the best I have...shrug

Seriously, some of you overreact. It's not like ppl's bare asses are showing. I wear my pants like that. I wear a belt, plus I wear athletic shorts under my pants & top of my boxers. And usually my shirt is covering that area anyways.... Gimme a break.

It looks stupid though.......but then I can be found in pictures wearing some pretty goofy looking stuff I thought was pretty cool at the time.

I think I have destroyed all the evidence of me wearing a lime green leisure suit.

U, my friend are the exception. I, for one, am sick of seeing these kids walking around like penguins outta climate, with those nasty-lookin' drawers out in plain view, and in many cases, they're shirtless too. *SMDH* Seems to me that there needs to be a line drawn somewhere. I don't know that jailing the kids is the answer, but I DO KNOW that my folx would've damn near killed me had I even thought of leaving the house with my pants down like that, and I'd be willing to bet that many of us on here could second that. Now, a better solution would be to inflict the aforementioned penalties on the parents. As I've said before, parents need to do their jobs.

It's easy to blame parents, but you can't beat your kids anymore...so what do you do??

Talking is great...it really is, but on some levels, pain is the only way to send the message some kids "hear"......I know...I was one of them.

Daddy's belt strap got my attention when Mamas words didn't.

It is by what your folks raised you as, but I do have some decency, these dudes wearing there beaters and just some jeans hangin is jus being a pig..

Don't misunderstand the word beat.....but Mama was the talker....Daddy didn't have the time to talk. He just listened to when I had enough.

Message sent, message heard.

I wonder why nobody is complaining about the young girls who wear those ultra low rise jeans that leave both butt cheeks hanging out like a plumber every time they bend over.

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Seriously, some of you overreact. It's not like ppl's bare asses are showing. I wear my pants like that.

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If you ever want people to take you seriously,, I promise you,, that won't help.