When defence lawyer Carol Bickerstaff told a judge in a recent case, “Your honour, we now have the fashion police,” she was not being metaphorical.

She was referring to the situation of her client, Julius Hart, 17, who had been arrested by police and put in the cells for night for a fashion crime. He had contravened a local law in Riviera Breach, Florida which has criminalised the wearing of trousers that sag significantly below the wearer’s waist.

Police officers had arrested Hart for the “saggy pants” violation when they spotted him riding his bicycle while his low trousers revealed “4 to 5 inches of blue and black boxer shorts”.

Tired of seeing young people walking about town with their backsides hanging out, the older citizens of Riviera Beach had passed the clothing law in March. For a first offence the fine is $150 or community service; the second time someone is caught with low trousers the fine is $300.

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For the moment, Hart has escaped conviction by the skin of his low-slung pants. The judge ruled that the law prohibiting the trouser fashion is unconstitutional. The case, however, is due to be heard again more fully next month.

There are several places in America where similar local laws have been passed. In Delcambre, Louisiana, “sagging”, as the revealing fashion is known, has been unlawful since last year and can attract a $500 fine and six-moth jail sentence. Historically, the sagging style emanates from prison culture where inmates are not permitted belts.

Under an ordinance in Flint, Michigan, police have been issuing droopy-drawers tickets to local people since earlier this year. Police have even been supplied with a visual guide on enforcement: visible underwear warrants a warning, trousers falling below the bottom with underwear showing constitutes disorderly conduct, and a substantially exposed unclothed butt will attract an indecent exposure charge — what legal theoreticians might refer to as the bottom line offence.

Professor Gary Slapper is Director of the Centre for Law at The Open University

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