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ACLU: Saggy Pants Rule Unconstitutional

POSTED: Wednesday, July 9, 2008
UPDATED: 1:20 pm EDT July 14, 2008

The American Civil Liberties Union sent a letter to the Flint police chief on Monday warning the new saggy pants law is unconstitutional and must be stopped.

The letter stated the police department's enforcement of jail time and fines for wearing saggy pants and the practice of stopping and searching individuals wearing saggy pants is unconstitutional.

“Under no stretch of the imagination does wearing saggy pants that reveal the top of one’s boxer shorts violate the Flint Disorderly Conduct Ordinance,” said Gregory Gibbs, ACLU of Michigan Flint Branch President and Cooperating Attorney. “It is clear that the ordinance provision that is cited by the police chief requires that a person openly expose certain body parts to be guilty. Flint residents should be embarrassed by this colossal waste of time and scarce resources.”

Police Chief David Dicks sent a memo to his staff stating anyone wearing pants or shorts that expose their buttocks can be arrested for indecent exposure.

Dicks said the immoral "self expression" goes beyond free speech; it rises to the crime of indecent exposure.

The American Civil Liberties Union had said the new law is an attempt at racially targeting people.

Those who wear sagging pants will fined and possible spend a year in jail.

The ACLU has asked Chief Dicks to respond to their letter by July 21 and warned if the policy was not changed by then, the ACLU would be open to representing any Flint resident who has been targeted with this new law.

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