Judge tosses saggy pants summons

NEW YORK, July 29 (UPI) -- A New York judge tossed a man's disorderly conduct summons for wearing saggy pants, saying the constitution protected his right to look "foolish."

Judge Ruben Franco dismissed the April 20, 2009, summons against Julio Martinez, which said the defendant had "his pants down below his buttocks exposing underwear (and) potentially showing private parts," the New York Post reported Thursday.

"The Constitution still leaves some opportunity for people to be foolish if they so desire," Franco said in his decision, which was issued in June.

"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," Franco wrote.

"The issuance of this summons appears to be an attempt by one police officer to show his displeasure with a particular style of dress," the decision read.