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

39 caught speeding through Cowichan school zones

On June 1, North Cowichan/Duncan RCMP conducted speed enforcement in several school zones

Lake Cowichan firefighters douse blaze at Mayo Road

Sahtlam called in for mutual aid in abandoned shop and motorhome

Caps send Luciano Wilson to Penticton Vees

Hometown hero led Cowichan in scoring last season

Considerations made to keep Crofton drive-by birthday celebrations going

Trucks will tone it down or not use horns at all to bring some joy to kids and older folks

$10,000 stolen bikes recovered after Maple Bay break-in

Police track high-end bikes to storage locker

B.C. records four new COVID-19 cases, Abbotsford hospital outbreak cleared

Four senior home outbreaks also declared over, eight still active

List of cancelled Cowichan Valley community events

An ongoing list of events that have been cancelled in the Cowichan Valley due to COVID-19

Friendly Cove and Kyuquot will remain closed until further notice

Transition of other B.C. communities will be monitored before a decision to ease restrictions

Gold River organizes a shop local initiative to creatively boost economy

Local purchases can earn shoppers $200 gift certificates to be spent on businesses within Gold River

Young killer whale untangles itself from trap line off Nanaimo shore

DFO marine mammal rescue unit arrived as whale broke free from prawn trap line

RCMP, coroner investigate murder-suicide on Salt Spring Island

Two dead, police say there is no risk to the public

About 30% of B.C. students return to schools as in-class teaching restarts amid pandemic

Education minister noted that in-class instruction remains optional

Trudeau avoids questions about anti-racism protesters dispersed for Trump photo-op

Prime minister says racism is an issue Canadians must tackle at home, too

Most Read