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A summons for sagging, as shown in this 2007 Detroit photo, was tossed out by a New York judge. | Credit: Creative Commons / http://passionatephoto.com

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Judge: Saggy Pants 'Foolish' Not Illegal

Updated: Thursday, 29 Jul 2010, 10:15 AM EDT
Published : Thursday, 29 Jul 2010, 10:15 AM EDT

By Dareh Gregorian / The New York Post

You have the right to look ridiculous.

A New York judge threw out a summons issued against a man for wearing saggy pants, finding that "the Constitution still leaves some opportunity for people to be foolish if they so desire," the New York Post reported Thursday.

Judge Ruben Franco said although Julio Martinez might have offended the fashion police with his low-hanging and underwear-exposing pants, his manner of dress did not deserve a ticket from a cop.

"While most of us may consider it distasteful, and indeed foolish, to wear one's pants so low as to expose the underwear ... people can dress as they please, wear anything, so long as they do not offend public order and decency," the judge wrote.

The summons by the unidentified police officer charged that Martinez acted in a disorderly manner because he had "his pants down below his buttocks exposing underwear [and] potentially showing private parts."

There was no other reason listed for the ticket besides Martinez's pants, and Franco noted that "the issuance of this summons appears to be an attempt by one police officer to show his displeasure with a particular style of dress."

The officer has plenty of company -- the sloppy look was the subject of derision from people ranging from Bill Cosby to President Obama and has been banned in numerous towns across the country.

In New York, the boxers-baring look was the subject of a targeted campaign by state Sen. Eric Adams (D-N.Y.) of Brooklyn, who put up billboards urging youngsters to "Stop the Sag."

He said he did not want to criminalize saggy pants -- he just wants youngsters to know it is time to send the fashion trend the way of the legwarmer.

"You can raise your level of respect if you raise your pants," Adams said in a YouTube video.

The judge's decision said the "trend of wearing pants well below the waistline is believed to have its roots in this country's prison system, where inmates are issued uniforms which are often too big and the wearing of belts is prohibited due to safety concerns."

While there have been efforts to outlaw the look around the country, "New York has no such legislation," Franco wrote.

Read more: www.nypost.com

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