Mind the unmentionables gap

July 22, 2008

Retired Judge Dale Cathell would be so pleased. The ACLU, not so much.

In a (no pun intended) crackdown on low-slung waistbands, the Chicago suburb of Lynwood, Ill., has decided to impose a $25 fine on anyone who exposes more than 3” of underwear. The town of Riviera Beach, Fla., passed a similar law but upped the ante to $150.

Lynwood’s mayor says the ordinance is needed to spur development — to prove, he says, that the town is worth investing in. An ACLU spokesman said the group was concerned the ordinance was targeting “young men of color.” In a shocking bit of stereotyping by livelihood, he added, “Let’s see if they start pulling over plumbers for their pants.”

Closer to home, I don’t know if Cathell would back a monetary fine on baggy pants, but in a dissent last year to a search and seizure case, he suggested a far higher price tag for that particular fashion statement.

“If a person wants to have an expectation of privacy in that area of his or her body,” Cathell wrote in Paulino v. State (PDF), “he or she should keep their pants up when in public.”

BARBARA GRZINCIC, Managing Editor/Law

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