By John Howell Sr.

Batesville aldermen on Friday adopted an ordinance prohibiting public indecency — the so-called “saggy pants” ban discussed at length during meetings of city officials during recent months.

And though the ordinance addresses saggy pants — ”…wearing pants or skirts more than three inches below the top of the hips (crest of the ilium) exposing the skin or undergarments” — it also prohibits “acts in a place where a person should reasonably expect to be in view of the public,” including real or simulated intercourse or masturbation, genital exposure, nudity, lewd caress or indecent fondling of one’s self or another, or urination or defecation.

The ordinance will take effect November 19. Violators are subject to a fine of $50 or eight hours of community service. The penalty increases to $100 or 16 hours for the second offense and $150 or 24 hours for the third.

“When you’re out in public, the public or people shouldn’t have to be looking at (somebody’s) butt,” said Alderman Ted Stewart.

“They ought not have to be looking at their underwear, either,” Mayor Jerry Autrey interjected.

“I’m trying to get this right because there’s going to be a lot of minority kids involved in this,” Stewart said. “I talked to the community and they are seeing their actual butt, … you’re looking at somebody’s drawers. … This is just trying to let them know that … if you want to do that at home, that’s on you but out here in the public, you shouldn’t be doing it. … That’s why I feel it’s a good ordinance,” the alderman continued.

Aldermen discussed with Police Chief Tony Jones procedures for the implementation of the ordinance. He said officers would warn violators during the days prior to the ordinance becoming effective.

“This says they are not going to be arrested, they’re going to receive a citation?” Mitchell asked, reviewing the language of the ordinance.

“A citation, not arrested,” Stewart replied.

Stewart made the motion, which was adopted unanimously with the votes of aldermen Teddy Morrow, Bill Dugger, Stan Harrison and Eddie Nabors.