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Underwear law unconstitutional

By: Tom Harrison
September 16, 2008

A local Florida ordinance that makes it illegal to wear sagging pants that reveal one’s underwear has been ruled unconstitutional.

Julius Hart was spotted by Riviera Beach police riding his bicycle with 4 to 5 inches of his boxer shorts sticking out of his trousers. The usual punishment for a first offense is a $150 fine or community service, but because Hart was on probation, he was sent to jail without even a possibility of bail.

“We’re not talking about exposure of buttocks… We’re talking about someone who has on pants whose underwear are apparently visible to a police officer who then makes an arrest,” exclaimed Palm Beach Circuit Judge Paul Moyle.

Public defender Carol Bickerstaff had argued, “Your Honor, we now have the fashion police.”

Source: The Palm Beach Post .

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