Court Says Bikinis, Pasties And G-Strings Okay Attire For Serving Coffee In Everett

Editor’s Note 4:15 PM: Below the link to the full ruling of the judge is reaction from both the City of Everett and the Plaintiffs…

Round 1 in the battle between the City of Everett and Bikini Baristas over what is acceptable to wear in a so-called quick service food or coffee stand goes to the bikini baristas. Here’s a part of a ruling today from United States District Judge Marsha Pechman…

Plaintiffs challenge the constitutionality of two ordinances recently enacted by the City of Everett. The Citywide Ordinance restricts dress citywide, and prohibits exposure of “more than one-half of the part of the female breast located below the top of the areola,” “the genitals, anus, bottom one-half of the anal cleft, or any portion of the areola or nipple of the female breast.”

The Dress Code Ordinance requires “bikini baristas” and employees of similar facilities to wear clothing that covers “the upper and lower body (breast/pectorals, stomach, back below the shoulder blades, buttocks, top three inches of the legs below the buttocks, pubic area and genitals).” Plaintiffs have moved for a preliminary injunction to prevent the City from enforcing these ordinances.

The Court finds that the Citywide Ordinance and the Dress Code Ordinance are likely void for vagueness under the Fourteenth Amendment. The term “bottom one-half of the anal cleft” is not well-defined or reasonably understandable, and the ordinances otherwise fail to provide clear guidance and raise risks of arbitrary enforcement. The Court finds that the Dress Code Ordinance likely violates Plaintiffs’ right to free expression under the First Amendment. Accordingly, the Court GRANTS Plaintiffs’ Motion for a Preliminary Injunction.

We’ll update this story with reaction from both sides as it becomes available. For now here is the judge’s ruling in full…

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Comment from City of Everett Public Information Director Meghan Pembroke…

We are in the process of evaluating the Court’s ruling. Once that review is completed, a determination will be made about how to proceed.

Comments provided to MyEverettNews.com from the Plaintiffs…

“Women retain their right to dress as they see fit in Everett!” -Derek Newman

“The city of Everett was trying to turn the clock back on women’s rights 50 years by passing these illegal ordinances.” – Schuyler Lifschultz

“The judge made the right decision and this is a big step for women” – Emilia Powell

“Maybe they should think twice before taking away our rights”, – Liberty Ziska

“This is just another step in the progress of women’s rights.” – Jovanna Edge