Friday, January 16, 2015

Democracy vs. Morality: Saggy Pants laws in America is UNCONSTITUTIONAL!




I had to blog about this particular subject because it keeps coming up in alot of black and white circles with primarily negative undertones. Originally the fad of "saggin" started in the late 80's, within the prison system, as a way in which gay male inmates were able to reveal their sexuality to potential mates. From that point on, it became widely popular and accepted among young black men and women, especially when a young teen-aged rap group from Atlanta called Kris Kross began to top the charts in the nineties, the Smithsonianmag.com reports. An Atlanta female hip hop group known to the world as the legendary TLC wore saggy jeans which prompted many females all over America to follow such a trend. 


Once both TLC and Kris Kross outgrew this fashion statement and pulled their pants up, the vast majority of black men were still sagging even today and this is where the problem lies. Alot of African and Caucasian Americans of all different religious affiliations and backgrounds see this type of dress as offensive and disrespectful, agreeing with local governments across the country for fining and criminalizing such behavior. Personally I am not interested in any man who wears saggy jeans, but the First Amendment to the Constitution of the United States guarantees a person the right to freely express themselves, however they see fit, as long as it isn't dangerous to the well beings of others. Freedom of expression is basically the derivative of a basic human right to freely communicate ideas without being restrained, whether orally, in print, or by some other form of communication. Proponents to this position argue that saggy pants ordinance protect the public from indecent exposure in a public place but considering the vague wording of the law; I am convinced right along with the ACLU that this is still unconstitutional. According to Findlaw.com indecent exposure is purposely exposing ones genitals in public, causing others to be alarmed or offended, for sexual gratification or to entice a sexual response. Never have I seen anyone's genitalia exposed and I've seen alot of sagging in my time.


I believe that the true core to this problem is firmly rooted in racism and control. If these guys aren't indecently exposing themselves, as a matter of law, in public then what else could it be? Alot of primarily white skateboarders sag their pants exposing their boxers yet have gotten little to no attention at all but it immediately becomes a problem once a person of color does it. Control is another fact that we must consider not only from the government but from people who feel that their morals are better than the latter. My stance on this issue is unless you can walk on water, no one on earth is qualified to make such an assumption. If the legal system was run off morality then this would no longer be considered a democracy, instead we would be living in a theocracy. We've seen firsthand some of the affects of living in a theocracy by just watching the news and watching what is going in Muslim countries and how harsh the majority of the laws are there. If that type of system of government were to be implemented here then I can guarantee that we would all be wiped out somewhat like the Holocaust.   


If we were to just sit back and let ordinances like these prevail in states like: Florida, New York, New Jersey, Louisiana, Georgia, Illinois, Michigan, California, Texas, Alabama and New Mexico. The The New York Daily News reports that Deshon Marman, a University of New Mexico football player, was removed from a US Airways flight bound for wearing saggy pants, back in June 2011. Marman is currently suing the airline seeking punitive damages for racial discrimination, battery, and unlawful arrest. Check out the video below of how they walk up to him harassing this guy, this incident is just a small example of how black men are being illegally singled out for their choice in attire. Also considering the fact that this guy was already seated and not bothering anybody!


For laws like such to exist and gain momentum we must look at both sides of the fence. If men can be singled out for sagging and exposing their boxers and not genitalia, then so can women. It can be argued that a woman with large breasts just showing a tiny bit of cleavage can be found guilty of the same ordinance. Short shorts, fish nets, too tight leggings, yoga pants, dresses, halter tops, etc. all come into play in this situation, if not then there is a double standard. In fact the city of Ocala, FL has already expanded the saggy pants ban for men and exposed underwear for women from government buildings now to any public place, according to The Huffington Post who wrote an article on this matter in November of 2013. The vision that I'm trying to get my readers to see is that whether you agree with the way someone dresses or not it is still their prerogative as long as they aren't breaking in laws in doing so. Secondly, if continue to let these local governments regulate our inalienable rights then we are in trouble. Let come together on this one issue regardless of morality and that is freedom!  

No comments:

Post a Comment