Judge: "Saggy pants" ban unconstitutional

By Lindsay Cohen email
Posted by Rachel Leigh email

RIVIERA BEACH, FL (WFLX) - Pull up your pants or face possible jail time.

That's been the message from Riviera Beach since March when voters overwhelmingly approved a measure outlawing saggy pants in the city.

Now, the law is in question after a judge ruled it unconstitutional.

The judge presided over the case of a 17 year old who spent a night in jail after being caught with his boxers showing.

The teen's public defender argued that "we now have the fashion police" and that her office "really does intend to appeal this ordinance which, we believe, is totally unconstitutional."

Palm Beach Circuit Judge Paul Moyle agreed, saying Monday, the law is unconstitutional based on the limited facts presented in the case.

Under the law, first-time offenders face a $150 fine or community service; habitual offenders face potential jail time.

City officials are still trying to sort out what the ruling means to the "droopy drawers ban". Mayor Thomas Masters said he expects to hold a news conference about it late Tuesday morning.