
(VIA MRketplace Magazine By: Harry Sheff** I did not make this up)
Florida Judge Says "Saggy Trouser Law Unconstitutional"; 9/17/2008
A judge in Riviera Beach, Florida has ruled a local law banning sagging trousers is unconstitutional after 17-year-old Julius Hart spent a night in jail for the offense. Hart was arrested for showing approximately four inches of his underwear. The city’s "saggy pants law" was passed by a 72 percent margin in March. Violation carries a $150 fine or community service.
“Your Honor, we now have the fashion police,” said public defender Carol Bickerstaff, quoted in the South Florida Sun-Sentinel. “Our office really does intend to appeal this ordinance, which we believe is totally unconstitutional.”
Palm Beach Circuit Judge Paul Moyle said in court, “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. No bond!”
Hart was held overnight because his sagging pants violated his probation for a marijuana possession charge.
In a story in the Palm Beach Post, Riviera Beach Mayor Thomas Masters was unrepentant. “It's still a law,” he told the Post. “It has not been thrown out or invalidated, and all valid laws will be enforced.”
Mayor Masters continued, “I think the people have a right to set a standard of what's decent and indecent exposure in their city. If you didn't set a standard, then would it be constitutional for people to walk around in their underwear?”
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