Federal judge rules in favor of bikini baristas over dress

Breaking Stories

A Washington city’s dress code ordinance saying bikini baristas must cover their bodies at work has been ruled unconstitutional by a federal court.

The decision in a partial summary judgment this week comes after a lengthy legal battle between bikini baristas and the city of Everett over the rights of workers to wear what they want, the Everett Herald reported. Everett is about 30 miles (50 kilometers) north of Seattle.

U.S. District Court in Seattle found Everett’s dress code ordinance violated the Equal Protection clauses of the U.S. and Washington state constitutions. The Court found that the ordinance was, at least in part, shaped by a gender-based discriminatory purpose, according to a 19-page ruling signed by U.S. District Judge Ricardo S. Martinez.

It is difficult to imagine, the court wrote, how the ordinance would be equally applied to men and women in practice because it prohibits clothing “typically worn by women rather than men,” including midriff and scoop-back shirts, as well as bikinis.

Bikini baristas were “clearly” a target of the ordinance, the court also ruled, adding that the profession is comprised of a workforce that is almost entirely women.

In 2017, the city enacted its dress code ordinance, requiring all employees, owners and operators of “quick service facilities” to wear clothing that covers the upper and lower body. The ordinance listed coffee stands, fast food restaurants, delis, food trucks and coffee shops as examples of quick service businesses.

The owner of Everett bikini barista stand Hillbilly Hotties and some employees filed a legal complaint challenging the constitutionality of the dress code ordinance. They also challenged the city’s lewd conduct ordinance, but the court dismissed all the baristas’ claims but the dress code question.

The court directed the city of Everett to meet with the plaintiffs within 14 days to discuss next steps.

Related listings

  •  Senators ask minor leaguers for information on MLB antitrust

    Senators ask minor leaguers for information on MLB antitrust

    Breaking Stories 06/28/2022

    The chairman and ranking minority member of the Senate Judiciary Committee sent a letter to an advocacy group for minor leaguers asking questions about baseball’s antitrust exemption.Sen. Richard Durbin, an Illinois Democrat who chairs the comm...

  • Ruling revives challenge to Chicago’s ticketing fines, fees

    Ruling revives challenge to Chicago’s ticketing fines, fees

    Breaking Stories 05/07/2022

    A federal judge will hear arguments Thursday on a challenge to Alabama’s plan to outlaw the use of gender-affirming medications to treat transgender youth.U.S. District Judge Liles Burke has scheduled a hearing on a request to block the law&rsq...

  • New York court rejects congressional maps drawn by Democrats

    New York court rejects congressional maps drawn by Democrats

    Breaking Stories 04/27/2022

    New York’s highest court on Wednesday rejected new congressional maps that had widely been seen as favoring Democrats, largely agreeing with Republican voters who argued the district boundaries were unconstitutionally gerrymandered.The decision...

Nicholas C. Minshew - Minshew & Ahluwalia LLP

Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.