Sagging: Freedom of Expression or Obscenity?

The city council of Delcambre, Louisiana unanimously passed an ordinance making it a criminal act to show your underwear in public. The ordinance comes complete with a maximum $500 fine, or up to 6 months in jail. The ordinance is due to become law when the mayor signs the ordinance, which is expected sometime this month.

Critics of the law believe the law will be used selectively against the "hip-hop" community. Council members claim the law will be enforced against everyone, regardless of race or gender. However, the law will almost certainly disproportionately affect the African-American community. Is it intended to do so? The Mayor's retort is that "white people wear bagging pants too."

The Louisiana indecency laws ban the exposure of private parts; the Delcambre's new proposed law clearly extends the scope of the indecency law. While the banning of "private parts" in public surely applies to public health concerns, the ban of underwear in public is too broad. While the sight of a thong or boxer shorts band may not be appealing to all, it certainly isn't obscene, nor is it furthering any public health interest. I would much rather see some young adult's tighty-whities than the half to full moon exposed during "plumber's butt." That is obscene, and perhaps I could understand the prohibition of low-rise jeans and no underwear in that same vein. However I fail to see the obscenity in seeing the top of someone's skivvies. The logical extension of this law is to also make criminal the exposure of bra straps as well. If you're going to prohibit the exposure of undergarments then you shouldn't stop with the lower half. Moreover, I hope Victoria's Secret or Hanes don't intend to have window shops, their mannequins maybe in for a rough night in the Delcambre jail.

The fashion choice of sagging your pants is a personal decision that shouldn't be governed by state authorities. Unless the city council truly believes that the exposure of undergarments has no redeeming social value and appeals to people's prurient interests then it seems like they have overextended their reach - of course if they think it appeals to people's prurient interests then perhaps the city council just has a underwear fetish? This quote from the Mayor intimates that perhaps he views the display of underwear as analogous to exposing yourself: "If you expose your private parts, you'll get a fine". He went on to say, "They're better off taking the pants off and just wearing a dress." Sounds like a trap, next week the Delcambre council will pass a law against cross-dressing too.