In an otherwise thoughtful opinion by Judge Ricardo Martinez in the Western District of Washington, the court addressed an Everett city ordinance designed to prohibit “bikini barista bars,” a thing that I didn’t know existed until today, and to establish a dress code for “quick service facilities.”
Plaintiffs Jovanna Edge and others are or were employed by “bikini barista stands.” Plaintiffs challenge the constitutionality of two ordinances enacted by the City of Everett, Ordinance No. 3559-17 (the “Lewd Conduct Ordinance”) and Ordinance No. 3560-17 (the “Dress Code Ordinance”). The Lewd Conduct Ordinance expanded the definition of a lewd act to include an 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” and created the new crime of Facilitating Lewd Conduct. Continue reading
