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CODE BREAKER: Julio Martinez

August 9, 2010

The constitution says that you can look ridiculous if you want to!  (Thank goodness, right?!)

A New York judge ruled last week that individuals are allowed to dress as they like and are protected under first amendment of the Constitution.

Julio Martinez was arrested by the fashion police (oops, I mean the NYC police…) for disorderly conduct in April when a police officer saw him with “his pants down below his buttocks exposing underwear potentially showing private parts.”  This is definitely a case of clothing speaking louder than both actions and words – since Martinez hadn’t been disorderly in his conduct at all.

I think it would also be worth considering the actual likelihood that any “private parts” would be exposed by this clothing style.  Wardrobe malfunctions can happen in the most unlikely of ways (as I’m sure we can all attest to!)  But I have a hard time believing that you are more likely to expose yourself wearing sagging pants than, say, a mini skirt.  Or for that manner, any skirt.  Especially if you live in a breezy city like Chicago.  …not that this is from any personal experience… ahem.

Judge Ruben Franco ruled that “while most of us may consider it distasteful, and indeed foolish, to wear one’s pants so low as to expose the underwear … people can dress as they please, wear anything, so long as they do not offend public order and decency.”

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