Constitutional Law

'Fashion Police' Put Fla. Teen in Jail Over Saggy Pants

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A Florida judge has found a saggy pants ban unconstitutional, as it was applied in the case of one Riviera Beach teen.

Because 17-year-old Julius Hart was on probation in a marijuana possession case, his arrest on the saggy pants charge put him in jail overnight, reports the Palm Beach Post.

“We’re not talking about exposure of buttocks,” said Palm Beach Circuit Judge Paul Moyle in a hearing following Hart’s arrest last week. “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!”

“Your Honor, we now have the fashion police,” chimed in Carol Bickerstaff, the public defender representing Hart. She said her office intends to appeal the “totally unconstitutional” ordinance under which her client was charged.

Moyle released Hart on his own recognizance pending a hearing in the saggy pants case early next month.

Earlier coverage:

ABAJournal.com: “The Lowdown on Saggy Pants: Fines Can Go as High as $500”

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