Judge: Wearing Saggy Pants Is Not A Crime

In a hotly anticipated ruling, a Bronx judge has handed down his decision in the matter of the People v. Saggy Pants. Or, to be more precise, the People v. Julio Martinez, who was issued a disorderly conduct summons on 4/20 last year because he was wearing "his pants down below his buttocks exposing underwear [and] potentially showing private parts." If the summons had been upheld, the ensuing ticket frenzy could have easily hoisted NYC out of its budget crunch, with money left over for a monorail. But slacktivist judge Ruben Franco has ruled that saggy pants are legal:

While most of us may consider it distasteful, and indeed foolish, to wear ones pants so low as to expose the underwear, as the Court stated in O'Gorman, "people can dress as they please, wear anything, so long as they do not offend public order and decency."... Moreover, "the Constitution still leaves some opportunity for people to be foolish if they so desire."

You can't argue with that. According to Penal Law §240.20(7), i.e. Disorderly Conduct, a person is guilty when of violating the law when he intentionally "causes public inconvenience, annoyance or alarm, or recklessly creates the risk thereof when he creates a hazardous or physically offensive condition by any act serving no legitimate purpose." But the offensive conduct must be "public in nature and must cause inconvenience, annoyance, or alarm to a substantial segment of the public." Apparently, Judge Franco isn't annoyed or offended by dudes who wear their pants around their knees, and he cites Wikipedia when delving into the style's "roots in this country's prison system where inmates are issued uniforms which are often too big and the wearing of belts is prohibited due to safety concerns."

While acknowledging that other towns and cities across America have taken action to criminalize sagging pants, Judge Franco points out that New York has no such legislation. So it's up to you, Albany. And indeed, State Senator Eric Adams has been confronting the crisis since April with his "Stop the Sag" campaign. But are PSAs enough? Clearly, we need tough new laws to, ahem, crack down on this fashion trend, and put offenders behind bars where they belong, or at least rehabilitate them on work farms out in Sag Harbor.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on July 29, 2010 11:12 AM

Comments [rss]

JP Armstrong

If you've noticed, a mans gait it different when his pants are below his ass? Expecially when his hands are full and he has to walk stiff and bow legged to keep his twig n berries from being exposed. If just wearing the wrong kind of shoes ruins you back, what does years of this lewd behavior do to a mans ankles, knees, hips and back? What kind of long term burden does this put on the medical system?

fosiacat

just makes me want to run around pantsing them.

jules1000

I wish someone would post here who actually wears the pants in this ridiculous way, and then explain it.

I've had many awful looks and outfits when I was younger, but the pants in the middle of the butt or lower is one of the most ridiculous things I've ever seen.

Plus, those super baggy pants.... ladies want to see your butts! but INSIDE the pants!

nik13

I bet police love that fashion. Try running away with you pants half-way down your butt & bunched up at ankles.

Guest

"taser his ass!" hahaha

ps it's a joke. please do not hurt me. i got 5 wives to feed... :'(

pps extremely drunk with a can of four loko at the moment, which i've only heard through gothamist recently. thanks gothamist, you've found my favorite drink! and now i'm also slightly lower than a menial low-life... how lower can i go???

Mr. Know-It-All

More ridiculous than the underwear showing is these idiots grabbing at the front of their trousers like they've got to pee and walking around like a penguin in order to keep their pants from falling completely to the ground.

anotherview

Don't they know women want to see nice round firm rumps and not dirty underwear. Don't forget that guy who fell to his death because he tripped on his pant (he was escaping from killing three people).

hotstepper

hip hop style is played the fuck out.

Mirror88

If law makers are going to make this an issue (rightfully so) then they should ALSO take into account women who intentionally show their butts & thongs. If these people were never taught how to respect themselves and others by dressing appropriately AND if they are allowed to look like "fools" as the article mentioned, then what kind of society are we going to be living in? This is why the generations that are to follow are going to continue to worsen, that is, if we don't take things like promoting respect in individuals as a societal issue.

TheTruthYouSeek

There was a fight at this bar, and I saw these cats chasin these otha cats to this other bar, and we was wonderin why they was in slow motion - then we realized it was cuz they had the pants mad low they couldn't run. mad funny yo.

militza

ha!

whenever I see guys wearing that style I have the sudden urge to run up behind them and pull their pants down.

Gotham Extremist

and then get on your knees?

militza

that too!

hotstepper

your honesty is hot.

militza

ha! only for you and Kojak.

potsmoker

awesome i hope bloomberg has to pay another big police award to these guys, saggy pants equals disorderly conduct!??!?!? hahaha LAWSUIT $$$$$$$$$$$$ hahaha LAWSUIT $$$$$$$$$$$$hahaha LAWSUIT $$$$$$$$$$$$hahaha LAWSUIT $$$$$$$$$$$$hahaha LAWSUIT $$$$$$$$$$$$hahaha LAWSUIT $$$$$$$$$$$$

hahaha LAWSUIT $$$$$$$$$$$$

hahaha LAWSUIT $$$$$$$$$$$$

hahaha LAWSUIT $$$$$$$$$$$$

hahaha LAWSUIT $$$$$$$$$$$$

hahaha LAWSUIT $$$$$$$$$$$$

fuboy

You make me laugh just like when I watch the Special Olympics.

Spirit of 76

The judge is right. It's not against the law to be stupid. If it was, you wouldn't be able to build a big enough prison if you used all of Australia.

John L

"Penal Law §240.20(7), i.e. Disorderly Conduct, a person is guilty when of violating the law when he intentionally "causes public inconvenience, annoyance or alarm, or recklessly creates the risk thereof when he creates a hazardous or physically offensive condition by any act serving no legitimate purpose."

In theory maybe but in practice Disorderly Conduct is merely a cops right to arrest you for no particular reason other than he/she feels like it. It's probably the most abused law by the NYPD. I wish they'd release the statistics of how many of these Disorderly Conduct arrests get tossed out by a judge.

As far as the sagging pants to be honest I don't agree with it but there's bigger criminals to catch. The last thing we need is the NYPD wasting more resources trying to be the fashion police too. If there's no victim there's no crime, go help some victims and catch real criminals. People are getting shot like it's the 90's again and cops are looking for sagging pants, let's get our priorities in order.

itsbananas

"But are PSAs enough? Clearly, we need tough new laws to, ahem, crack down on this fashion trend, and put offenders behind bars where they belong, or at least rehabilitate them on work farms out in Sag Harbor."

Did I miss something? Did Gothamist become crypto-fascist all of a sudden?

Mr. Know-It-All

More ridiculous than the underwear showing is these idiots grabbing at the front of their trousers like they've got to pee and walking around like a penguin in order to keep their pants from falling completely to the ground.

Mr. Know-It-All

Oops, not meant as a reply to comment #9.

Mr. Know-It-All

Tell me something: How many times a week do you call someone a "crypto-fascist"?

robingee

You don't come here very often do you?

Gotham Extremist

why r u erasing my posts? what did i say thats so offensive? this website is becoming a joke

faprilano

but this method of wearing one's pants does offend public order and decency................

robingee

Well of course it's LEGAL. The whole campaign was a grassroots (i.e. not lawmaking, just suggesting) attempt to change the culture of young urban males from looking like boneheads to NOT looking like boneheads.

Amalek

Because this fashion "trend" is almost exclusively limited to African American males of a certain age, it is bad news for young black men trying to obtain a job in an economy that already has largely passed them by in favor of immigrant labor. People naturally stereotype and generalize, and if potential employers keep seeing young black males dressed like they are eager to be raped in prison, it reflects some on all young black males. Sorry, but that's just how it is.

ANGRYGOD11

You do realize the person on trial was Julio Martinez.

Its not the most African-American of names.

Boogie Down

In the Bronx (and Brooklyn, from what I have seen), the look is also quite popular among young male Caribbean Hispanics. I've seen some Middle Eastern kids showing their drawers too.

Tower18

To be fair, there's also a pretty decent amount of Caribbean Hispanics running around calling each other n***a as well, and I'd bet there's a pretty strong correlation there.

Kelles

Hey! Get your pants off the ground!

Lookin' like a fool

With your pants on the Ground

With the gold in your mouth

Hat turned sideways

Call yourself a cool cat

--

Pants on the ground!

---

Ruling: Pants on the ground is not a crime

TheTruthYouSeek

Horrible poem, who is it even referring to?

LaLuneEstMorte

Pants on the ground: http://www.youtube.com/watch?v=tMwhl4IrPNc

Guest

i did that, until i was 3 or so -- so i hear -- often walking and crying and looking for mom and/or food and/or anything to put in my mouth to keep me smile and happy.

*sigh* i used to be in style. but i should really say, my steez was deez-el, mothafucka.