This month we’re focusing on how a person’s choice of clothing can find them in legal trouble. Fashion is a form of expression. However, today’s fashion issues have not had the legal impact as the Tinkers’ black armbands or Cohen’s jacket did during the 1970’s.
According to a Reuters article, a South Sudanese official is looking for a new job after creating a law that caused a substantial amount of women to be arrested for disturbing the peace. The women’s crime: wearing tight pants.
The President issued a statement firing Juba County Commissioner Albert Pitia Redentore from his position. Redentore recently banned tight pants because he found them a sign of gang behavior which threatened the country’s traditional values. The Commissioner’s actions did not sit well with other government officials. Gender Minister Mary Kiden found the law unconstitutional and likened the law to the strict clothing restrictions imposed on women in North Sudan. This particular law struck a chord in this particular region because Northern and Southern Sudan engaged in war for decades, partially due to the south’s resistance of the north’s Islamic Sharia law.
And now for the opinion of the Commers Court… The South Sudanese government did the right thing by preventing women from being arrested for wearing tight pants given its history of rebelling against an extremist Islamic government.
It is not just foreign governments who are regulating how a person can wear his or her clothing either. According to a Palm Beach Post article, Rivera Beach, Florida has imposed a penalty for individuals wearing baggy pants. While most city decisions are typically voted on by city council members and made into ordinaces, this decision was enacted through a public election. The ordinance passed with 72% of the vote, and most of those who voted for the measure were elderly members of the community.
Under the law, a person would face legal action if they display skin or underwear. The first offense carries a $150 fine or community service while a second offense has a $300 fine or community service. Habitual offenders could face up to 60 days in jail.
Rivera Beach joins other cities and the Atlanta School District in establishing baggy pants rules. Other schools are also addressing the issue by adopting uniforms or implementing dress codes. One cited reason for the emergence of dress codes and uniforms is to control gang behavior and prevent clothing from being a distraction. Proponents of dress codes state that it is easier for parents to buy clothes and get children ready for school. Teachers have stated that dress codes make students work harder. Opponents of uniforms and dress codes point to the loss of students’ freedom of expression and the financial cost of having to buy extra clothes just to comply with the clothing requirements. The ACLU and other organizations are representing students and their parents in these matters across the country.
According to a MSN.com report, courts are settling disputes about a student’s choice of school clothing. Schools, as established in Tinker v. Des Moines Independent Community School District, have a right to enact dress codes if clothing would cause a substantial distraction to students. This, and the growth of gangs, has led schools to enact dress codes or require uniforms. Even though dress codes are established to protect students and promote learning, they can go too far. The MSN article stated that a Fresno, California student was suspended for promoting specific races, cultures, and identities by wearing a t-shirt with the American flag. School officials admitted the rule was badly applied in the situation.
And now for the opinion of the Commers Court… Judging fashion is subjective – what I may find distasteful, you may think is the next cool trend. That being said, however, everyone should follow common sense on what a person can and cannot wear to school including the courts in dress code cases even if that sometimes means less apparel is banned.
Christy is a 2L and can be reached at forum@valpo.edu
Entries (RSS)