In an effort to stop a popular clothing trend, sagging pants ordinances are becoming a common tool to combat what many think is a visual nuisance. But are the ordinances effective?
With an ordinance in place for more than a month in Columbus, Police Chief Selvain McQueen said his department has not issued a citation for the offense, leaving some of the ordinance’s critics to question its necessity.
“Your laws are only as good as the people that enforce them,” Ward 5 Councilman Kabir Karriem, who publicly questioned McQueen on the enforcement of the policy during the July 17 City Council meeting. “A month after all of the hoopla and a 5-1 vote where I opposed the ordinance, it is not being enforced. We have good police officers who are doing good work. I think they need to continue to put their time and energy into solving the murders and stopping burglaries like they’ve been doing.”
McQueen said he was seeing a lot less of sagging pants since the ordinance went into effect. Ward 3 Councilman Charlie Box, who brought the ordinance before the city council for approval, concurred with McQueen.
“I believe it has gotten a little better,” Box said. “Isn’t a law a deterrent to stop crimes? I think it’s working as a great deterrent. I hope we never have to write a ticket for it.”
The ordinance creates a system of fines ranging from $75 to $250 for those found in violation of the law. Although community service may be added as part of the sentence, it does not allow violators to be detained or arrested unless they do not pay their fines as determined by Columbus Municipal Court. It is an addition to the city’s existing indecency laws. The new ordinance states, “…wearing pants or skirts below the top of the hip is hazardous both to the person wearing the garment and to the general public, as walking when pants are below the hip decreases the length of the stride and thereby increases the likelihood of tripping and falling and injuring oneself or others in the process. Hence, this Ordinance is adopted in furtherance of the City’s police powers, in the interest of health, sanitation and overall welfare for the community.”
The ordinance also defines public indecency in four parts, including, “Intentionally wearing pants or skirts below the top of the hips (crest of the ilium) and exposing the skin or undergarments. It is based on an similar sagging ordinance passed in Tupelo earlier this year.
The origin of sagging pants has been debated. One of the more popular theories states the trend began in prisons as a way to recognize available homosexual men. Snopes, an internet site used to research rumors and urban folklore, debunked the homosexual theory but does state the trend did begin in prisons.
“While sagging did gain its start in the US prison system, it was not a clothes-wearing style authored by imprisoned homosexuals intent on casual things,” Scopes said. “Sagging became the behind-the-bars thing thanks to ill-fitting (oversized) prison garb coupled with the lack of belts in the big house.”
“The fact is, I hate to see someone wearing their clothes like that,” Karriem said. “But to say it’s been deterred by an ordinance, I would have to disagree. I still hear about it every day. I just think the ordinance is not clearly defined. If a citation is written, it states someone can be fined from $75 to $250 — that’s a lot of leeway. I just feel like we should have held a public forum and discussed it with the public. There is a lot of gray area in this ordinance.”
Columbus humorist and standup comedian Booger Brown said he feels the ordinance could create more negative racial stereotypes in the community. Brown is an African-American.
“I think this will definitely create more racial profiling,” said Brown. “It’s crazy that we even have to talk about sagging pants. I noticed the trend starting to become popular around 2002, 2003. Now, it’s out of control. It’s stupid to walk around with your booty hanging out. But I think there is a fine line that we are walking. I think eliminating it in the schools was a great place to start. Yes, it has gotten out of control, but I’m not sure that making an ordinance for it is the answer.”
The subject of sagging pants laws continues to be debated across the nation, with many contending that enforcing a law aimed at what someone can or can’t wear may be unconstitutional. City Attorney Jeff Turnage has stated he does not think the city’s addition to its existing indecent exposure laws is unconstitutional. Carrie Jourdan, a Columbus attorney and a public defender in the 16th Circuit Court District, said courts could say otherwise if any citations are actually written.
“I think this law is completely unconstitutional,” Jourdan said. “We as a society are allowed to pass laws that affect personal behavior and choices. I don’t see how they can regulate a strong public policy on this. While it may certainly be somewhat disrespectful or inappropriate, there’s really no strong public policy to enforce this. One time in Los Angeles, they were allowed to pass laws regulating wearing gang colors. This was done to stop gang warfare.
“I may not agree with the style but I think if anyone challenged a citation, it would be ruled unconstitutional.”
Jeff Clark was previously a reporter for The Dispatch.
You can help your community
Quality, in-depth journalism is essential to a healthy community. The Dispatch brings you the most complete reporting and insightful commentary in the Golden Triangle, but we need your help to continue our efforts. In the past week, our reporters have posted 41 articles to cdispatch.com. Please consider subscribing to our website for only $2.30 per week to help support local journalism and our community.