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Printed by: Matthew Britten
Printed on: May 22, 2015
It's Not Just the Clothes
Article
PAGE 1
TRENTON, New Jersey (Achieve3000, September 19, 2007). A hip-hop
fashion statement linked to jails may land some people in court, as some
cities and towns have adopted laws that forbid the wearing of pants
baggy enough to expose the wearer's undergarments. In some
communities, offenders can face fines and even jail time.
Proposals to ban loose-fitting pants are popping up nationwide, including
in Delcambre, Louisiana. There, wearing pants worn low enough to reveal
undergarments can lead to penalties of up to six months in jail and fines
up to $500. Restrictions are also being considered in Atlanta, Georgia,
and in Trenton, New Jersey. There, pants worn well below the typical
beltline may soon translate into a fine.
Trenton Councilwoman Annette Lartigue is drafting a law to outlaw baggy
pants. "The message is clear: We don't want to see your backside," she
said.
AP Photo
Some cities have banned the
wearing of baggy pants that hang
below the waistline. Offenders can
face jail time and heavy fines.
The baggy-pants trend emerged from prisons, where, for security reasons, inmates aren't given belts to hold up
uniform pants. By the late 1980s, the trend had made it to hip-hop videos and high school hallways. On the average
American street, however, the trend continues to inspire discord. Some people feel the pants are distasteful. But
others consider the fashion a statement of African-American pride and dignity.
At one Trenton hip-hop clothing store, shopper Mark Wise, 30, said that he wears the baggy jeans for practical
reasons, saying, "The reason I don't wear tight pants is because it's easier to get money out of my pocket this way. . . .
It's just more comfortable."
"It should be my personal choice what to wear," said Jimmy Person, 34, at a recent hearing on the issue in Atlanta.
"Maybe young people should be more tasteful. But let young people decide for themselves."
"For young people, it's a form of rebellion and identity," said Adrian "Easy A.D." Harris, 43, a founding member of the
Bronx's legendary rap group Cold Crush Brothers. "The young people think it's fashionable. They don't think it's
negative. "
But those who disagree see the trend as a bad influence on children.
"It has the potential to catch on with elementary school kids, and we want to stop it before it gets there," said C.T.
Martin, an Atlanta councilman who supports banning the loose-fitting pants. In Atlanta, voices have been raised in
support of community standards that discourage young people from entering into the trend.
"I don't think we're doing our ancestors due justice for some of the things we are doing today. It's time for us to push
back," said Lonnie King, an Atlanta resident.
But critics, led by the American Civil Liberties Union, say the restrictions are a form of racial profiling that would target
African-American males based on their attire, and might not withstand a court challenge. Because of those concerns,
Stratford, Connecticut, rejected a similar proposal.
Benetta Standly is a statewide organizer for the American Civil Liberties Union in Georgia. "In Atlanta, we see this as
racial profiling," she said. "It's going to target African-American male youths."
Regardless of the outcome, some see an overdue debate about how to draw the line in public dress in schools,
community centers, and churches.
"If nothing else, it's a great part of a conversation we need to have," said Atlanta City Councilwoman Joyce Sheperd.
The Associated Press contributed to this story.
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Dig Deeper
Since 2007, when "It's Not Just the Clothes" was written, some communities have continued to create or enforce public
dress codes. In June 2013, Wildwood, New Jersey, passed a city ordinance regulating dress on its oceanside
boardwalk. In addition to forbidding baggy pants, the ordinance also requires men to wear shirts when on the
boardwalk. People who violate the law can be fined up to $200. They might even be required to perform community
service. Also in 2013, St. Louis, Missouri, and the New Jersey community of Penns Grove passed their own versions
of the law.
People who support such ordinances say they are intended to maintain a community standard. Wearing baggy pants,
they argue, is disrespectful to others. They say it can have a negative influence on children.
Those who oppose such bans, meanwhile, assert that banning baggy pants is a form of racial profiling. Baggy pants
are popular among many African-American boys and men. Because of this, some opponents see banning them as a
way of criminalizing black males. The American Civil Liberties Union (ACLU) of Eastern Missouri made a similar point
during the controversy in St. Louis. The ACLU claimed that criminalizing a clothing style worn mainly by one race
violates the Equal Protection Clause of the 14th Amendment. The group said that it's wrong for the city to restrict the
wearing of a symbol because it objects to the message the symbol sends.
Opponents of public dress codes also say such bans violate freedom of expression. That right is guaranteed in the
First Amendment to the Constitution. The amendment states, "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech." (Forms of
expression such as wearing certain clothing are considered "symbolic speech" under the First Amendment.)
These opponents also point out a distinction between dress codes in the private realm and those in the public realm.
While businesses have the right to enforce dress codes, the question of public dress is trickier. That's because the
First Amendment states that governments (local, state, and federal) cannot limit freedom of expression. (Courts have
made exceptions for public schools. There, dress codes may be deemed necessary for the well-being of the students.)
Courts in some municipalities have already ruled against ordinances against baggy pants if they punish people only for
revealing undergarments. But many city leaders believe they have a case for their dress codes. The mayor of
Wildwood, for example, expects a court challenge to the law. He believes the law will be upheld, though.
Dictionary
discord (noun) disagreement
distasteful (adjective) provoking dislike or disapproval