the 07/24/2008

Love your saggy pants? ACLU explores lawsuit over city ban

Love your saggy pants? ACLU explores lawsuit over city ban

Flint Police Chief David Dicks has said he will not back down fromhis policy of filing disorderly conduct or indecent exposurecharges against those whose saggy pants allow too much underwear ortheir bottoms to show on city streets (see diagram, below).

In response, the American Civil Liberties Union's Michigan chaptertold the Free Press on Monday that it is now looking for targets ofthe policy to talk with the organization.

"We are confident that young men in Flint will contact us now thatthe chief has announced that he won't budge," Michael J. Steinberg,legal director of the state ACLU, said Monday. "If they do, we'llsue. We may have the dubious distinction of being the first saggypants lawsuit in the country."

The ACLU had set Monday as the deadline for the police chief tohalt the Flint police policy of stopping and searching individualswho wear their pants so low their underwear or bottoms show.

Trachelle Young, chief legal officer for the City of Flint, sentSteinberg a letter dated Thursday stating the city was looking intoSteinberg's concerns.

Steinberg said he is particularly troubled by a Free Press videothat showed Dicks searching a man wearing a polo shirt over saggypants.

Despite the ACLU's threat of a lawsuit, Dicks said Flint police are"going to keep doing what we're doing."

"I think people are catching on and pulling up their pants," thechief said. "I'm getting a lot of support from local parents andchurches, and the mayor said he supports me 1,000%."

Dicks said saggy pants are a crime -- a violation of the city'sdisorderly conduct ordinance -- and exposing the buttocks isindecent exposure. Both crimes are misdemeanors punishable by 93days to a year in jail and fines of up to $500.

Meanwhile, other cities are covering their behinds as well. Villagetrustees in the Chicago suburb of Lynwood, Ill., passed anordinance last week that says people caught exposing 3 inches ormore of their underwear will be fined $25.

"We need to stop this offensive and unsanitary behavior," saidLynwood Mayor Eugene Williams. "We have to be big enough to takethe heat. Tell the chief in Flint that I support him, and tell himto hang in there."

In Riviera Beach, Fla., more than 70% of the community's votersapproved a measure in March that imposes a series of penalties onsaggers with each violation. First-time violators face a $150 fine.Third-time offenders could do jail time.

The crackdown has sparked national debate on what constitutesfreedom of expression.

Contact BEN SCHMITT at bcschmitt@freepress.com .