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

“No excuse” for killing of two young grizzly cubs

Reader hopeful someone will come forward with information

UPDATE: U.S. firm fined $2.9M for fuel spill that soiled B.C. First Nation territory

The Nathan E. Stewart spilled 110,000 litres of diesel and heavy oils in October 2016

No delivery services hard on local families

New parents Candace Knudsen and Bjorn Samuelsen spent five weeks away from home

UPDATED: Vehicle strike likely caused death of grizzly cubs

The cubs were discovered on June 30 on Thorsen Creek Road

B.C. to begin increasing coastal log export charges

New fees based on harvest cost, cedar no longer exempt

Joaquin ‘El Chapo’ Guzman sentenced to life in prison

Experts say he will likely wind up at the federal government’s Supermax prison in Florence, Colorado

Survivor of near-drowning in B.C. lake viewing life through new eyes

“If I died that day, the baby wouldn’t know his dad,” said 31-year-old Mariano Santander-Melo.

‘Beyond the call’: Teen in police custody gets birthday surprise by B.C. Mountie

Unusual celebration started when Staff Sgt. Paul Vadik went to visit the teen in his Coquitlam cell

Thunderstorms forecast across B.C.

Environment Canada has issued a thunderstorm watch for B.C.’s central Interior

B.C. mom to go to Europe court in hopes of getting alleged abducted daughter back

Tasha Brown alleges her estranged wife abducted their daughter Kaydance Etchells in 2016

Driver who killed B.C. motorcyclist receives absolute discharge

Chase family speechless following decision by BC Review Board

Lower gas prices slow annual inflation rate to Bank of Canada’s 2% bull’s-eye

Prices showed strength in other areas — led by a 17.3 per cent increase in the cost of fresh vegetables

B.C. moves to preserve 54 of its biggest, oldest trees

Fir, cedar, spruce, pine, yew set aside from logging

Report of dead body in B.C. park actually headless sex doll

This discovery, made at Manning Park on July 10, led police to uncovering two other sex mannequins

Most Read