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baggy pants ban unconstitutional
brooklyneast05
post Sep 17 2008, 02:13 PM
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QUOTE
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.



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MilitaryFlower
post Sep 20 2008, 12:47 PM
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Not sure if this is news or debate and if its already been posted sorry.


QUOTE
Government doesn’t have the right to penalize folks for wearing saggy pants, a Florida judge ruled Tuesday. "Somebody help me," Palm Beach Circuit Judge Paul Moyle, said mockingly before delivering his decision.

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"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."

The case involved a 17-year-old who was picked up and arrested in the southeast Florida community of Riviera Beach for wearing low pants.

In March, voters approved an initiative banning pants that hang off the butt. It was put to a vote after critics of the prison-spawned fashion trend collected the 5,000 signatures needed to get it on the ballot.

The youngster had to spend the night in jail, instead of paying a $150 fine and doing community service, because he had a prior history of marijuana use, according to The Palm Beach Post.

Riviera Beach isn’t the first city to rally against low-riding pants with zero-tolerance laws. Among the other cities instituting fines and/or jail time include Delcambre, La., where violators can be fined $500 and locked up for up to six months, Dallas and Atlanta.

During the court proceeding Tuesday, Carol Bickerstaff, the public defender representing the 17-year-old asked told the judge, "Your honor, we now have the fashion police" and asked the law be declared "unconstitutional." Moyle wasted no time in agreeing with Bickerstaff.
 

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