Freddie Howard
July 16, 2007
Murphy Candies, Jr.
July 18, 2007One family’s quest for parental control has sparked a parishwide ban on saggy britches and exposed undergarments in Lafourche Parish, with several other parishes to possibly follow suit.
Lafourche Parish Councilman Lindel Toups told the Associated Press that he wanted to pass the saggy jeans ordinance because he hasn’t been able to convince his 18-year-old grandson, Dillion, to stop wearing pants that show his underwear.
Toups views saggy jeans as being obscene and offensive to the parish’s residents. “No one wants to walk in Wal-Mart or the supermarket to see someone walking around with their pants half off their behind,” Toups said.
Dillion told AP reporters that his jeans are comfortable. However in recent weeks, the young teenager has been belting his britches a little higher because he’s obtained employment.
Young Toups told reporters his grandfather’s ordinance had nothing to do with his decision to “grow up,” as he so firmly puts it.
Last Tuesday, the Lafourche Parish Council narrowly approved the saggy jeans ban 5-4 with councilmen Daniel Lorraine, Tommy Lasseigne, Toups, Tyrone Williams and Michael Delatte voting yes.
In fact, the current ordinance is harsher than Toups’ amended ordinance, which tackled only saggy britches.
The ordinance reads: it shall be unlawful for any person in any public place or in view of the public to be found in a state of nudity, or partial nudity, or in dress not becoming of his or her sex, or any indecent exposure of his or her person or undergarments, or be guilty of any indecent or lewd behaviors.
The consequences of violating the ordinance are a $50 fine for the first offense, $100 fine for the second and $100 fine plus 16 hours of community service for the third offense.
Whether the Lafourche Parish Sheriff’s Office can enforce the ban remains unclear.
“Enforcing the saggy jeans alone would have been easy,” Toups said. “But the way the ordinance was passed it may make it harder for the sheriff’s office to enforce the ban. That’s why I wanted to amend it for only the saggy jeans.”
Repeated calls to the Lafourche Parish Sheriff’s Office went unreturned as of press time.
Parish President Charlotte Randolph said she has not yet formulated a decision to veto or endorse the ordinance. She has a little over a week to decide.
Many of the nay voters are more concerned with the legal actions if Randolph does sign the ordinance.
Councilman Mark Atzenhoffer said once the law goes to court, the council will have to reconvene on whether or not it wants to spend public funds to defend the charges.
Publicly denouncing his support, Councilman Michael Matherne said, “Today, it’s saggy pants and tomorrow it’s something else the council deems inappropriate.”
Several residents voiced their displeasure with the ban.
Community organizer Daniel Bogen said the ordinance would be like going after a select group of people. In response, Toups said race has nothing to do with the ordinance. He said he’s trying to help the kids become model citizens.
Lockport resident Dionne Brown of the Rita community said the council is completely overstepping its bounds. “It’s not up to the parish to enforce what kids wear on the streets,” she said. “Parents should make sure their kids are dressed appropriately before they leave the house.”
Addressing the public’s freedom to dress as they please, Vincent Booth, president and executive director of the Louisiana branch of the American Civil Liberties Union, said if the ACLU were to receive a complaint, he strongly suspects there would be a motion filed to challenge the charge.
“It’s absolutely idiotic,” he said. “And, it will never survive the constitutional muster.”
The ACLU president said the ordinance is criminally unconstitutional because it is so vague. He said it also begs unequal enforcement.
He said to describe the gangbanger showing his boxers as indecent “is a stretch no matter how hard you try. You are basically using the law to control behaviors and attitudes you might not like.”
“It’s just an expression of clothing,” he said.
The civil advocate said this is the kind of “feel-good” legislation that ends up costing governments and law enforcement agencies a bunch of money to fight in court.
Toups tried passing a similar ordinance two years ago, but the council struck it down. It wasn’t until the Iberia Parish town of Delcambre banned saggy pants in June that Toups sought the council’s support again.
However, Delcambre’s punishment brings a much harsher penalty – six months imprisonment and a $500 fine if convicted.
Delcambre Police Chief Brady Segura said citations for violating the ordinance are non-existent. He attributes this to the media’s excessive coverage of the issue.
Pointee Coupee, St. Mary and Calcasieu parishes have been toying with the notion to follow suit.
The Associated Press contributed to this article.
