Saggy Pants Laws Are Unconstitutional: Cities Enforcing Such Laws Are Abusing Their Power

There is a disturbing trend in this country, and it is one of such a fascistic quality that it should have never reared its ugly head in this land of the free. From Connecticut to California, various communities are either considering or have already passed ordinances that ban saggy pants. Flint, Michigan and Lynwood, Illinois are the latest to do so, and there will undoubtedly be more cities and towns following suit.

Enforcement of these laws is destined for failure—both for practical reasons and constitutional reasons—but the very fact that governments in this country are trying to dictate how Americans wear their clothes should sound an alarm to everyone who values freedom of expression and personal autonomy.

From the outset, it should be noted that how a person chooses to wear his or her clothes is freedom of expression protected by the First Amendment. This freedom is encompassed in the Amendment’s explicit guarantee that Americans have freedom of speech. The Supreme Court has ruled that speech can be suppressed only if it is intended to and is likely to produce “imminent, lawless action.”

No government that has enacted these laws (or proposed enacting them) has even come close to making the necessary case that someone who wears saggy pants is likely to start a riot or induce some other lawless action. That’s obviously because making such a case is impossible. Despite being distasteful, it is not against the law to expose one’s underwear in public.

Granted, if the saggy pants laws are targeted at individuals who have their buttocks exposed, then the laws are valid. Exposing one’s rear end in public is obscene and the person can be cited for indecent exposure.

The way many of these laws are being enforced, however, is that even people who are exposing nothing are being ticketed. This is evidenced in this video by the Detroit Free Press showing Flint Police Chief, David Dicks, warning individuals that wearing their pants low is against the law. The video is, quite frankly, appalling. This type of activity is something one would expect to see from a 1939-German film strip, not a video from America in 2008.

Another disturbing aspect of these laws is that it gives police blanket authority to stop and question anyone whom they even suspect of wearing his or her pants too low. This is giving the police too much authority, and doing so makes a mockery of the Fourth Amendment’s guarantee against unreasonable searches.

Flint authorities have tried to link saggy pants to gang activity in order to rationalize their behavior. Saggy pants, however, are not Flint’s problem. It is murder. The city is constantly ranked as one of America’s most dangerous cities. This should go without saying, but perhaps their resources could be better spent elsewhere.

Hopefully, these laws will die out on their own through non-enforcement and individuals won’t be forced to assert their constitutional rights in court, thereby spending valuable tax dollars. Some cities are wising up by not even enacting the proposed law. When one city councilman proposed the law in Dallas—easily the most conservative big city outside of Houston—he was laughed at and the issue quickly went away.

These laws are not about the fact that “sagging” looks ridiculous. It is a style, and styles—leisure suits and leg warmers come to mind—come and go. Saggy pants will one day go the way of the dinosaur. Until then, cities need to wise up and realize that enacting these laws is nothing but a constitutional violation and an abuse of authority.

Sep 17, 2008 7:11 AM

Guest :

i feel that its somewhat of good thing to arrest them for the pants sagging but i also think its not because the law and police officers are focused on the wrong things that are dealing with our generation. I know its a major issue but there are more important things that need to be corrected in the world today rather than locking them up for their for of style.

Sep 17, 2008 7:28 AM

Guest :

Whether by law or not, pull up your pants. White, black, purple with pink polka dots, I don't care what race you are, nobody wants to see which pair of underwear you decided to wear that day. A law against it does seem a little extreme, but if that's what it takes for me to take my kids out to town and not risk them seeing some idiot with his pants around his knees, then so be it.

Sep 17, 2008 8:32 AM

Guest :

In muy opinion it's very ignorant. That's like saying to business person that "you will get arrested if you wear the wrong color suit" or if "your tie is is too long" or "your tie is in the wrong kind of knot." What is that?! Stupid! That's what it is. I don't even sagg my pants because I'm at that age now where I realized that I don't need too, to be cool. But Just like the afro, spice girl shoes, Bell bottoms...It's a fashion, a style, a statement. Leave it alone. The question you should be asking is why are my tax dollars going to locking people up with sagging pants; when I have a sexual predator right on the end of my block. That's what you should be asking. You are so worried about what your kids are going to see! WHAT! If you raise your kids the right way "they shall not depart from those way." Get it together America! The land of the "FREE" unless your doing something that "I" don't like then you cann't be free. Get out of here. Work on your self then try to talk about somebody else. Now I don;t condone sagging pant's but you have to realize that it's a style and fashion. Just like however you where your clothes. Worry about the economy. Worry about getting the kids eith the sagging pants through school so they can do something with their life and the pants will come up. But don't make them pay fines and lock them up because you don't like it. How do you know they have the money. What if they sagg their pants because they can't afford a belt because they have to pay the bills every month to take care of their siblings. Get it together and THINK.
-Melvin Kimbrough
melvin_kimbrough@yahoo.com

Sep 17, 2008 8:38 AM

Guest :

Now they have a law about saggy pants. Its getting so no one has the right to do anything. Female in Florida can walk around with skirts so short you can see their asses and bikinis on, but they can't sag now??? How much since does that make. People may argue that it's disrespectful to show your underwear in public, but I know as a woman that I've done it more than once, but it looks good on me so no one really cares. That's the style, but no one wants to see a mans underwear. No one wants to see them saggin' and baggin'. Why??? Because YOU don't like it?? Because YOU didn't grow up with this specific trend?? Their are a lot of things about the way everyone dresses that I am absolutely positive I could get more than enough signatures to ban. Not everyone like the same things. SO next, they'll be trying to ban specific words people say, how old your child needs to be potty trained by, what food you eat for breakfast, adn everything we're supposed to be able to make decisions for ourselves????? I don't necessarily like sagging myself but it's personal preference. No one tell YOU what you can and can't wear or how you should wear it, so why are they trying to tell them???

Sep 17, 2008 1:35 PM

Guest :

This is a slipery slope, people. The government can tell you hoe low your pants have to be. Now, can they ban shirts that show to much clevage? Mabye after that they can tell you you cant have long shoelaces so people dont trip over them. Realise that the government is now telling you how you can wear your pants, what stops them from telling you what else you can wear?