![]() And he let stand the city's expanded definition of lewd conduct and criminalization of " facilitating lewd conduct," ruling OK to the city's criminalization of exposure or touching of women's breasts but not of men's breasts:Īlthough public attitudes about gender and sexuality are constantly changing and evolving, there is simply no basis on this record to conclude that the public exposure of female breasts no longer violates the community standards of the City of Everett, or that protecting those public sensibilities is not an important government interest. ![]() Martinez rejected the baristas' argument that the dress code violated their right to free expression. District Court Judge Ricardo Martinez held that Everett's dress code is unconstitutional because it violates the Equal Protection Clause of the Constitution. Now, a judge has finally ruled on the merits of the case. "The Ninth Circuit rejected the argument that the law violates the baristas' First Amendment right to free expression and lifted the injunction, meaning the ban is back on while the lawsuit proceeds in district court," noted Baylen Linnekin in Reason at the time. Court of Appeals for the Ninth Circuit Court reversed course, holding in 2019 that the lower court had been wrong. District judge said the city could not enforce the law as the case was playing out. ![]() In addition to instituting a dress code for baristas, the law expanded the city's definition of lewd conduct to include any exposure of "more than one-half of the part of the female breast located below the top of the areola," the "bottom one-half of the anal cleft, or any portion of the areola or nipple of the female breast," and created a new crime of facilitating lewd conduct, to target the owners of bikini barista establishments. In 2017, Everett passed a law prohibiting quick service food and drink peddlers from showing off certain body parts, including their stomachs, backs below the shoulder blades, and " top three inches of the legs below the buttocks." The city didn't even pretend to tie the law to food safety, instead citing concerns about potential exploitation of women and "adverse impacts upon minors."Ī group of bikini baristas working sued, calling it a matter of women's rights. The case comes out of Everett, Washington, where drive-up shacks featuring "bikini baristas" are popular. Nor does criminalizing the baring of female breasts but not male breasts count as an unconstitutional violation. But the law does not violate the First Amendment, he ruled. The judge ruled that by targeting women's attire, the dress code violates the Equal Protection Clause of the U.S. If we tolerate and allow this I am afraid to think of what could be next.A federal court says a city's dress code for scantily clad coffee servers is unconstitutional. On a resume for future employment, what type of employer is looking for experience as a “bikini barista?” I would hope that higher standards would be set by this local small business and these young ladies with so much potential. Where is your self respect here ladies? What really is your job title? She aired her frustration over the other’s decision to have bikini baristas and felt it was offensive and demeaning to her as a barista and a woman. As I continued on my route, I was thrilled to see the sign at another espresso stand that stated: “We serve it hot with our clothes on.” I took a hard left into their parking lot and praised the barista for the message. I am angered that I am forced to see this every time I go by whether I am alone, with my husband or our three young boys. Unfortunately, this espresso stand is located where I am forced to drive past it on a regular basis. I immediately decided that I will not patronize this particular espresso stand and I hope that others decide to do the same. We have a long list now days of what we can add to our coffee: extra shots, flavored syrups, white chocolate or dark and now sex seems to have been added to the list. In a world that seems to use sex as a marketing tool, I was disgusted to see that a local espresso stand has taken the bait and has decided to stoop to this level and sell something in addition to a simple cup of joe. She held a sign that advertised “espresso,” as the sign adjacent to her read, “Bikini Barista.” I am wondering what they are trying to sell here. I was disappointed, frustrated and saddened when I saw a young girl standing out in front of a local espresso stand with the top half of her body clad only in a skimpy bikini top that covered very little. I got a “jolt” from a local espresso stand today and it wasn’t from the caffeine in the coffee.
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