Freedom of Fashion: Are sagging pants a legal issue?

News 12 NBC 26 @ 6:00 / Monday, May 1, 2017

AUGUSTA, Ga. (WRDW/WAGT) -- It's not a new idea, or even a new trend, but some local leaders are fed up with drooping drawers. This topic has been pretty heavily debated in commission meetings. Even if commissioners can agree on an ordinance, legal experts say it might not even matter.

Maybe you love them, or hate them, or don't care at all. But are sagging pants a legal issue?

The history of sagging pants is unclear. Some say it started in prisons, others disagree. Either way 'sagging' has been popular now for a while.

"It's not that I enjoy seeing it but sometimes it's a nice fit. They're even designing them where they're loose around your waist and hang low," Damon Mahoney said.

"Didn't this all start in the nineties? And it's still going on? It's crazy," Ndidi Ahaghotu said.

The fact that it's still popular is why Commissioner Marion Williams wants to take action against it.

"I thought it was a fad, I didn't think it would get this bad," Commissioner Williams said.

He's leading the charge to start policing pants in public around Augusta.

"We have to address this issue before it gets to a point where people are walking around with nothing on at all," the commissioner said.

But can the city ban the sag?

"I think there should be a law for it, it doesn't look right," Betty Flowers said.

David Hudson is an attorney in Augusta. He's handled and won a number of cases dealing with the First Amendment and county governments.

"I think that saggy pants are distasteful. I don't like to look at them. But I think the city would be up against a difficult legal proposition to ban them," David Hudson said.

Waynesboro and Atlanta wrote up ordinances but never put anything in place. Albany, Plains, Cairo, Dublin, Moultrie, and Hampton have 'pants' ordinances. Their city leaders tell me they have written few, if any tickets, but have given out a number of warnings. They also say their ordinance helped curb the problem, or at least they see fewer sagging pants now.

Hudson says taking a stand against pants might not stand up in court.

"So what are you really trying to ban? How do you define it? So you might say make it illegal to show underwear. Well what about a bra strap that's visible on the shoulder? What about people who jog in a sports bra? That's underwear!" he said.

Commissioners and the city attorney Andrew Mackenzie have raised concerns about violating the First Amendment. Hudson says that won't be their biggest battle.

"Unless the sagging pants were identified with some political movement, or some issue oriented protest, you might get some expression built into they way the pants are worn. But to just wear them for any and all reasons, I don't see any protection that would apply to those circumstances," Hudson said.

He says what draws a line in the sag, or sand, is equal protection violation. He says you can't outlaw sagging pants and not other clothing that's equally or more revealing.

"It's more of a choice as a citizen. You can't limit the way I dress just because you don't like it. It's my style of dress, it's how I express myself, I don't agree with that," Ndidi Ahaghotu said.

There are other challenges, like enforcing it, and the possible consequences someone could face for violating a city county ordinance. Options include a few hours of community service or increasing fines.

"Now you're putting another charge against them for the way they're dressing. And the same person isn't helping them get an education or get a trade or learn a new skill," Mahoney said.

"Even if it doesn't start out as an arrest-able offense. I think that from the lack of paying the fines, the lack of doing the community service, some of these guys are going to wind up going to jail," Commissioner Bill Fennoy said.

Fashion statement, or county crime. Offensive, or expression. The commission and the community are split on sagging pants.

Right now in Augusta commissioners are asking for two possible ordinances. Some, like Marion Williams, want to see the ordinance with consequences. Others, like Bill Fennoy and Ben Hasan, want to see something a little different. That could mean signs on city buildings saying 'No Sagging Pants.' They also don't necessarily want to see consequences for people wearing sagging pants.

The Marshals do make sure there aren't any sagging pants in the Municipal Building and court right now.