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

Creekside Apartments gets utility charge relief from Port Hardy council

The apartment building is undergoing restoration from a fire that happened back in 2017.

LETTER: It’s a labour of love keeping the Port Alice golf course running

‘We North Islanders are indeed fortunate to have two gorgeous golf club’

Mowi’s B.C. salmon farms achieve environmental certification from independent watchdog

Aquaculture Steward Council certification complies with 500 sustainability and social measures

Island Health provides Baby Beds for infants north of the Malahat

A safe place for baby to sleep is key to reduce sleep-related deaths

Author chronicles churches built by pioneers in the Salish Sea

B.C. author Liz Bryan preserving a little bit of pioneer history in her latest book

B.C. sees 25 new COVID-19 cases, community exposure tracked

One death, outbreaks remain in two long-term care facilities

VIDEO: Vancouver Island cat missing 18 months reunited with family

Blue the cat found at Victoria museum 17 kilometres from home

VIDEO: Alberta man rescues baby eagle believed to be drowning in East Kootenay lake

Brett Bacon was boating on a lake in Windermere when he spotted the baby eagle struggling in the water

Vancouver Island business ad unintentionally features OK gesture linked to white supremacy

Innocuous ‘OK’ gesture in cleaning franchise advertisement gets flak on social media for ‘supposedly’ promoting white supremacy

Minivan driver’s speed a factor in fatal 2018 Malahat crash

Driver was travelling at 110 km/h in a construction zone

Comox Valley RCMP looking for missing woman

Ami Guthrie was last seen in Courtenay in early July

Conservationists raise concerns over state of care for grizzly cubs transferred to B.C. zoo

‘Let them be assessed now before their fate is sealed,’ urges B.C. conservationist Barb Murray

B.C.’s COVID-19 job recovery led by tourism, finance minister says

Okanagan a bright spot for in-province visitor economy

National Kitten Day aka the ‘purrfect’ day to foster a new friend

July 10 marks National Kitten Day, a special day to celebrate all things kittens

Most Read