Albert Graham was wearing red boxer shorts. Kenneth Smith's boxers were blue and white. Morrius Bleau's undergarments weren't described in the police affidavit of his arrest.

But they all landed in county jail in recent weeks for violating the newest law on Riviera Beach's books: wearing pants so low that undergarments or skin are exposed.

Since the saggy pants law went into effect in mid-July, arrest records show that city police have made at least four arrests for the violation. And despite controversy over the constitutionality of fashion policing, which Mayor Thomas Masters touted as a move toward decency, the city and its police are making no apologies.

"Prior to implementation of this ordinance, our officers were providing warnings to people ... and an educational period," said Lt. Alex Freeman. "It is now time to act and let the community know that we are now serious about this ordinance."

Bleau's arrest was on a Sunday. The 18-year-old, who has a felony arrest record, said he was on his way home from church on Aug. 24.

"I ain't doing nothing," he told the officer aggressively after ignoring orders to stop, his arrest affidavit said. He was charged not only for his low-hanging pants but for resisting arrest.

"How can you stop somebody for following a fashion? I don't think we should get punished for the way we dress," Bleau said this week. "I feel this is just another way to harass black men. It's just an easier way for police to have probable cause to mess with somebody."

Jose Eisenberg, 20, of West Palm Beach was the first arrest, showing 3 inches of his purple boxers on July 31. The image was caught on the police cruiser's video recorder as he was being cited, his arrest report said.

Graham, 20, was caught on Aug. 23 wearing his shorts in what's often called hip-hop style. He too faced off with the officer, shouting he'd done nothing wrong, and was outside his mother's house, the arrest affidavit said.

He fought the handcuffs and was charged with resisting arrest.

Smith, 29, was at the end of his driveway Tuesday when he got busted with his pants too low. Police said they were responding to a call about a drug sale. They found Smith talking to someone in a car. He wasn't wearing a shirt and his pants were hanging low, the officer wrote in the report.

Smith, who has a record of multiple felonies, was "loud and uncooperative," the officer wrote. Smith was also charged with disorderly conduct.

Each man faces a possible fine of up to $150 for a first offense, $300 for a second offense, while repeated offenses can bring up to 60 days in jail.

The arrests renewed objections that the law violates civil rights. The American Civil Liberties Union said it will support any challenge to the law if someone is arrested.

"I can understand people don't like underwear showing over pants. I don't like it. But ... it is constitutionally protected," said John Pauly, ACLU Palm Beach County chairman. "It's not illegal to walk down the street in a pair of boxers provided nothing is exposed. So how can it be illegal for someone to put pants on top of those shorts?"

Smith's family charge the Police Department is targeting them and the saggy pants arrest is just the latest incident.

"There was no cocaine or drugs. They had to think of something to cite him with," said Dora March, Smith's mother. "It wasn't about the baggy pants. A lot of people stop by and say it's wrong, very wrong."

Smith's lawyer Nicole Sauvola said the law is "designed to be pretextural, to stop somebody for some other reason, to shake that person down." She added, sarcastically: "Because everybody who wears saggy pants deals drugs."

Freeman said police are simply doing their jobs, and it will take time for people to accept the law.

"Our officers are enforcing the ordinance because now it is the law," he said. "There is no way our officers are attacking anyone or singling anyone out.

"This type of response is expected," Freeman added. "We will face that as it comes. But we expect our officer to enforce the ordinance."
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