“Anti-Crack” Bill: Tennessee House Bill 2083 to Criminalize Wearing Pants below Waistline
Tennessee State House Representative Joe Town, Jr., recently proposed House Bill 2083, which would criminally penalize anyone who knowingly wears pants below the waistline to show underwear or buttocks. According to KnoxNews.com, similar bills have been proposed in South Carolina and Louisiana.
A first offense yields a Class B misdemeanor, punishable by a fine of 200 dollars and 40 hours of community service. Subsequent offenses go as high as a 1000 dollar fine and 160 hours of community service.
The fiscal summary predicts that the bill will produce over 100,000 dollars. These proceeds are earmarked for new equipment for Tennessee schools.
The Constitutional issues that the new law invokes will likely prevent the “anti-crack” bill from becoming law. The First Amendment, for instance, grants individuals a right to freedom of expression, a concept that just may include fashion. The equal protection clause of the Fourteenth Amendment may also be invoked because the new law may unfairly target minorities—particularly those who live in Shelby county where Representative Towns resides.
The Constitutional concerns of the new bill reveal themselves in a quote by the author of the South Carolina bill, Senator Robert Ford. He stated, “[w]e want Americans to look decent…it doesn’t make sense for anybody to be looking like a thug.”
If you have been charged with a crime in Tennessee, the skilled Knoxville criminal defense attorneys at Baker Associates can help. Call 866-853-2888 for a case evaluation.
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