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

Just Posted

Hwy 16 traffic delay due to washout between Terrace and Prince Rupert

Alternating single-lane traffic is in effect, 66 km west of Terrace

Major changes ahead for Kitimat’s airshed

SO2 emissions addressed in a provincial government order

LNG Canada project gradually taking shape

Extensive worker camp now being assembled

Major changes for Radley Park ahead of new camping season

More campsites, limited booking period and online booking system

Skeena Métis Association encouraging Northwest B.C. Métis families to self-identify

Out of 5,760 students in SD82, only six are recognized as Métis, association says

VIDEO: Disney Plus adds disclaimer about racist stereotypes

Disney’s disclaimer is a good way to begin discussion about the larger issue of racism

New case of vaping-related illness in Quebec brings national total to 8

Quebec health minister considering tightening the rules around vaping products

Greens to vote against Liberal throne speech unless carbon targets toughened: May

Green leader Elizabeth May and Prime Minister Justin Trudeau met Friday, discussing common ground

First Nations ‘optimistic’ about road upgrades after Horgan visits site of fatal bus crash

Premier travelled Bamfield Main road, where bus flipped last September and two students were killed

Princeton couple pays for dream vacation with 840,000 grocery store points

It’s easy if you know what you are doing, they say

B.C. man facing 18 charges after hidden camera found in Kelowna winery washroom

The camera was found at Summerhill Winery on Aug. 23

No new rules needed to ensure timely youth justice, Supreme Court says

Charter of Rights and Freedoms says someone charged with an offence has the right to be tried within a reasonable time

Seguin lifts surging Stars to 4-2 win over Canucks

Dallas is 6-0-1 in last seven outings

Most Read