Federal judge sides with bikini baristas in legal battle over city dress code

Oct. 29 (UPI) -- A federal judge in Washington wrote a partial summary judgment last week siding with bikini baristas in Everett, deeming the city's dress code unconstitutional.

U.S. District Judge Ricardo S. Martinez wrote in the court documents that evidence showed that the bikini barista profession was "clearly" the target of an ordinance enacted by the city of Everett in 2017 and that the profession is "entirely or almost entirely female."

The lawsuit was filed by Jovanna Edge, the owner of the bikini barista stand Hillbilly Hotties, in reaction to the passage of the ordinance. She was joined in the lawsuit by her employees including Natalie Bjerke, Matteson Hernandez, Leah Humphrey, Amelia Powell and Liberty Ziska.

"It is difficult to imagine how this ordinance would be equally applied to men and women in practice. It appears designed to ban not just 'pasties and G-strings' or bikinis, but a wide range of women's clothing," Martinez wrote.

The federal judge also noted that, under the ordinance, police would be required to step in if the owners of bikini barista stands, where coffee and other non-alcoholic drinks are served by bikini-clad women, are unable or unwilling to enforce the dress code.

Martinez found that law enforcement would be encouraged to conduct "humiliating, intrusive and demoralizing" searches of women that would strip them of their constitutional freedoms.

Emma Dilemma, a bikini barista at the Hillbilly Espresso drive-thru in Everett, told the Everett Herald that she was relieved by the court's ruling.

"I think this protects our safety from law enforcement touching our body," she said.

"Who's approving my outfit? Is it my female boss or some random dude cop that I don't know? I don't want them having to stick a ruler next to my body."

However, Martinez dismissed other challenges to the ordinance the baristas had made in their lawsuit - including claims that the ordinance violated their freedom of speech.

The baristas had argued that they use their clothing to convey messages including female empowerment, positive body image and personal and political viewpoints.

"Some countries make you wear lots of clothing because of their religious beliefs," Hernandez, one of the bikini baristas, wrote in a written declaration accompanying the lawsuit.

"But America is different because you can wear what you want to wear. I wear what I'm comfortable with and others can wear what they are comfortable with. Wearing a bikini sends this message to others."