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Ladies and gentlemen, boys and girls, Councilman Mike Brown has a message for you.
Pull your pants up.
Brown, the lone Republican on the 13-member council, introduced a proposed law Thursday that would impose a $250 fine for boxers, thongs and other underwear exposed by low-hanging trousers.Holiday Novelty Fun Boxer Shorts
The councilman wants Wilmington to join a growing list of cities across the country that have codified intolerance for saggy pants that expose one's bloomers. Atlanta and Shreveport, La., are among the places where the popular fashion statement has been turned into a form of illegal indecent exposure.
Opponents of the legislation say it would be unconstitutional, difficult to enforce and would inevitably lead to police targeting the young black males who favor the fad. But Brown -- who's been known to make his own fashion statement at council meetings by wearing bright, primary-colored suits -- said he's the one who's been targeted by the vulgarity.
"I'm not infringing on their rights; they're infringing on mine," he said. "I've always had a distaste for this fashion fad. It makes me cringe."
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Don't tell that to Jessica R., 22, of Wilmington, who was wearing her jeans all the way up in Rodney Square Friday, albeit with holes in them that exposed bare flesh on her buttocks. She said she sometimes wears her pants lower to expose the top parts of her thong underwear.
"I'll tell you what: When the city pays my clothing bills, then they can tell me what to wear and what not to wear," she said.
Eric Dolby, 18, of Wilmington, feels the same. He was wearing his jeans a good 6 inches under his hip bones, showing off half of his boxer shorts.
"This is going to make a lot of people upset," he said.
American Civil Liberties Union of Delaware Executive Director Drewry Nash Fennell called the proposal "ridiculous, frankly."
"A style of clothing seems to be too personal to legislate," she said. "I really think it's out of bounds for government to do that."
A person's underwear would have to be visible for him or her to be fined. It would not be a violation if the undies were covered by a T-shirt.
Brown's proposal will be discussed soon by the council's public safety committee and will be voted on by the entire council before the end of the year, he said. The legislation was introduced without discussion Thursday.
Councilman Kevin F. Kelley Sr. said he is struggling with how he will vote. He used to have long hair, wear jeans and had an earring growing up -- all of which was thought to be subversive in the 1970s.
"Now we have baby boomers trying to tell the hip-hop generation what to wear," he said. "It's the new generation gap."
Mayor James M. Baker said he has concerns about the proposal.
"As offensive as walking around with your dag-gone pants down is from a social standpoint, I think it would be very difficult to enforce," he said. "I'm not sure we should be tying police up with more laws to enforce."
But Brown thinks the law could reduce crime over time.
"If they think they can get away with wearing their pants like this today, what will they think they can get away with a few years from now?" he said.
Police Chief Michael Szczerba said he would enforce any law the council passes. He said he would remain neutral on this issue, but intimated he wasn't a big fan of it.
Tami Lunsford, who taught at Newark High last year and is at the Howard High School of Technology this year, said there is a world of difference now that she is at a school that requires uniforms. There, pants have to be at the waist.
"It's a completely different classroom," she said. "The students act more professionally when they dress more professionally."
Chris Carter, 27, of Wilmington, said he doesn't believethis new law would be enforced against plumbers whose pants are falling down on the job.
"This is another way to go after young black men," he said. "And with the stop-and-frisk rules in place in Wilmington, things will go downhill from there.".
Brown's proposed law also adds language about other acts of indecent exposure, including exposing genitals or performing real or simulated sex acts in public. Existing state laws deal with the other topics but require a civilian to make a complaint in order for an officer to make an arrest. The new language allows for an arrest if an officer sees the conduct.
Brown said he thinks his proposal would help the very people who don't want to buy a belt.
"You want a job? It's easy. Pull your pants up, tighten that belt and keep your britches above your behind and at your waist," he said. "Have some respect for yourself, our senior citizens and for me."
Brown noted that a few years ago, the tops of pants were only a few inches below the waist. Now, they are often as close to the knees as they are to the hips.
"How low will they stoop?" he said. "How low will they go?"
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