Amelia Powell (left), who has worked as a bikini barista, and Derek Newman, (right), who has been representing the Everett baristas in their federal civil rights lawsuit, seen here in November 2017 in Seattle. Newman in May 2018 began seeking to leave the case. Rikki King / The Herald

Appeals court sides with Washington State city in ‘bikini baristas’ case

Federal appeals court said wearing skimpy attire to sell espresso does not constitute free speech

A federal appeals court has ruled in favor of the City of Everett in Washington State in a lawsuit filed by a group of “bikini baristas.”

The 9th U.S. Circuit Court of Appeals on Wednesday overturned a lower court judge’s decision to block the city of Everett from imposing a dress-code on the scantily clad coffee servers.

The three-judge appeals panel said wearing skimpy attire, sometimes just pasties and a G-string, to sell espresso at drive-through coffee stands does not constitute free speech protected by the First Amendment.

Seven baristas and the owner of a chain of the coffee stands called “Hillbilly Hotties” sued in 2017 to block the dress code, and U.S. District Judge Marsha Pechman in Seattle agreed with them.

The panel overturned Pechman’s order. Hillbilly Hotties owner Jovanna Edge has said she will appeal.

READ MORE: Judge critical of both sides’ arguments in Everett bikini barista case

Said the City of Everett in a statement Wednesday afternoon: “The city is grateful for the Ninth Circuit’s careful and thorough consideration of this case. The court’s opinion recognized the significant issues that the City has faced and the practical reality of regulating these businesses.”

– with a file from Stephanie Davey with Black Press Media

The Associated Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Students evacuate safely after Thursday morning fire at Chemainus Secondary School

Numerous firefighters on the scene several hours, students sent home for the day

Mary Lowther column: Attracting beneficial insects to the garden

If we’re lucky, our own oases of pesticide-free gardens and farms will continue to buzz

Snag hit in Lake Cowichan’s A.B. Greenwell property transfer

“We ran into a brick wall,” confirmed Lake Cowichan chief administrative officer Joe Fernandez.

Business notes: Duncan’s Sands Funeral Chapel in the pink for Pink Shirt Day

Staff at Sands Funeral Chapel are wearing pink to demonstrate how important the anti-bullying day is

‘Marvelous Wonderettes’ sets high bar for Chemainus Theatre season

The script is perfect for Chemainus’s small stage

Blair says RCMP have met Wet’suwet’en conditions, calls for end to blockades

The Wet’suwet’en’s hereditary chiefs oppose the Coastal GasLink project

PHOTOS: RCMP call on kids to name latest police puppy recruits

This year’s theme is the letter ‘N,’ and 13 German shephards must be named

B.C., federal ministers plead for meeting Wet’suwet’en dissidents

Scott Fraser, Carolyn Bennett standing by to return to Smithers

B.C. mom’s complaint about ‘R word’ in children’s ministry email sparks review

In 2020, the ‘R’ word shouldn’t be used, Sue Robins says

Federal minister pledges to meet Wet’suwet’en chiefs in B.C. over natural gas pipeline

The Wet’suwet’en hereditary chiefs say they are visiting Mohawk territory

2010 leader John Furlong urges Vancouver to bid for 2030 Winter Games

VANOC said the 2010 games broke even financially

Pipeline dispute: Tories put no-confidence motion on House of Commons agenda

Conservatives say they have no confidence in the Trudeau government to end the rail blockades

Canadians aboard coronavirus-ridden cruise ship to return home tonight

Among the infected are 47 Canadians who will have to remain in Japan for treatment

Most Read