“Courts have struck down attempts to ban saggy pants if what is exposed is underwear rather than ‘private parts,'” she said. “As for municipalities requiring men to wear shirts, at least one federal appellate court has said that is ‘irrational.'”
The American Civil Liberties Union of New Jersey declined to comment on the proposed law, but other ACLU chapters elsewhere in the country have denounced similar bans as unconstitutional.
Troiano said the city’s legal department has reviewed the proposed law and is confident it will withstand a court challenge, which he conceded will probably happen at some point. He promised police won’t be out with measuring tapes, relying instead on common sense when evaluating a person’s attire.
“They say it’s a fashion statement and this is America and they have the right to dress how they want,” Troiano said of those who wear their pants low. “Well, I have the right to decency. My right is not to have to look at your (rear end) if I don’t want to. I find that offensive. Go somewhere else and do it, and for every one person I lose, I’ll gain 10 more who will be glad.”
Wayne Parry can be reached at http://twitter.com/WayneParryAC