Saggy Pants

04/23/2009 - Suskauer Law Blog - Link to This Entry

Saggy Pants wearers unite! You can now legally display your saggy pants throughout Riviera Beach, Florida, without fear of arrest! Judge Laura Johnson has ruled that the Riviera Beach local ordinance banning saggy pants enacted last year is unconstitutional. No matter how “tacky or distasteful" the style may be, citizens are protected and are free from this governmental interference. Judge Johnson noted that the saggy pants ordinance violated the 14th amendment, which provides in part that " No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

It seems as though the city is not about to "drop it", and may seek an appeal of the ruling. The City of Riviera Beach was overwhelmingly in support of the ban on saggy pants. Approximately 72% of the voters in Riviera Beach were in favor of the ordinance. The city enacted the ban in order to both to improve the image of Riviera Beach as well as assist law enforcement. The city believed that weapons could be hidden more easily in oversized pants.

The public defenders representing the defendant even brought in a fashion "expert" who explained that this look was mainstream, citing saggy celebrities and royalty who sport the look. Looks like Riviera Beach will be a more "fashionable" place to live after all.