Law professor Josh Blackman has a post about dress codes in restaurants banning inappropriate “thug wear.” He includes terrific photos, including the one below (used by permission); pay special attention to the third sign.
He’s definitely spot on with his imagining that such signs tempt a disparate impact lawsuit. As private, such places would be subject to “public accommodation” regulations that prohibit discrimination, but constitutional challenges such as free expression and due process would not be applicable.
Recall the “saggy pants” ban by Atlantic City we discussed in early summer, which attracted much publicity, followed by an Ocean City proposal. And Ada Calhoun’s piece looks at saggy pants ban for a fast food restaurant. And of course, the issue is discussed in Dressing Constitutionally.