Today’s winner is Palm Beach County Circuit Judge Paul Moyle. He gets the award for the following–
A judge says Riviera Beach’s “saggy pants” law is unconstitutional in the case of a 17-year-old who spent a night in jail for having his underwear showing.
And a public defender said her office wants to get the law tossed altogether.
In Riviera Beach, the punishment for showing underwear or skin could range from community service to jail time.
Julius Hart was charged Wednesday when an officer spotted him riding his bicycle in the 2800 block of Lakeshore Drive with 4 to 5 inches of blue and black boxer shorts sticking out of his black pants.
A first offense carries a $150 fine or a requirement of community service; only habitual offenders face the possibility of jail time.
But, a report said, the charge against Hart meant a violation of his probation on a marijuana possession charge, so he went to jail.
“Somebody help me,” Palm Beach Circuit Judge Paul Moyle said.
“We’re not talking about exposure of buttocks. No! We’re talking about someone who has on pants whose underwear are apparently visible to a police officer who then makes an arrest and the basis is he’s then held overnight, no bond. No bond!” the judge exclaimed.
“Your honor, we now have the fashion police,” public defender Carol Bickerstaff said. “Our office really does intend to appeal this ordinance, which we believe is totally unconstitutional.”
Moyle ruled the law unconstitutional “based on the limited facts of this case.” Instead of issuing bail, the judge released Hart on his own recognizance.
Any one tell me where in the Florida state or federal constitution says someone has the right to wear their underwear on the outside? I guess I missed that in 11th grade AP American History.
Note- Last week I was in the mall and a young female(Not a lady) had her jeans so low you could see her butt crack. Still recovering my surgery, I couldn’t speed up to get around her. So I got fully exposed as she walked 20 feet in front of me for about 1/3 the length of the mall before heading into the food court. It was then she pulled up her jeans briefly, only to have them sink again.
Underwear laws are, pardon the pun, assinine. On the other hand Palm Beach County Circuit Judge Moyle’s legal decision has no basis in constitutional law, state or federal, and that is why I name him today’s Knucklehead of the Day.