Everett’s bikini baristas have to stir up strong argument to keep clothes off

Bikini baristas being told to cover up by the Everett City Council will likely have to rely on their argument that the city’s ordinance is discriminatory.

That’s because businesses’ First Amendment rights are not as powerful as say, for example, political speech. Plus, the city has plenty of evidence that shows bikini stands can lead to more lewd or illegal behavior.

“Businesses have to follow all kinds of regulations,” former state Attorney General Rob McKenna told Seattle’s Morning News.

“The fact is, we all have First Amendment rights, but we also live under laws.”

That doesn’t mean the lawsuit filed on behalf of baristas doesn’t stand a chance. The seven baristas and the owner of a chain of coffee stands called “Hillbilly Hotties” argue the ordinances banning scantily clad outfits unfairly and unlawfully targets women.

“Just like Starbucks with green aprons, UPS with brown trucks and outfits, and Hooter’s with short-orange shorts, the baristas’ attire evokes a message at work,” the lawsuit says, adding that such messages include “freedom, empowerment, openness, acceptance, approachability, vulnerability and individuality.”

One of the new laws requires people to wear a minimum of tank tops and shorts. According to the dress code posted by The Seattle Times, it specifically applies to people in “quick service.” The clothing cannot be see-through and prohibits “an exposure of more than one-half of the part of the female breast located below the top of the areola, provided that the covered area shall be covered by opaque material and coverage shall be contiguous to the areola,” and an exposure of “the bottom half of the anal cleft.”

The other law redefines Everett’s lewd conduct rules and created a new crime of facilitating lewd conduct.

The city pointed to a “proliferation” of crimes of a “sexual nature” that have occurred at the barista stands in its argument for the tougher laws.

“Employees and owners of barista stands where this conduct occurs are making large sums of money from overtly sexual, lewd conduct, and prostitution,” the city declared in one of the measures.

If the lawsuit against the city fails, business owners will become primarily responsible for enforcement. Those found in violation of the dress code will face monetary fines and be forced to operate under a probationary license. Those violating the lewd conduct law face even higher fines and jail time.

How the city will enforce the law, however, is another question.

Listen to the entire interview with McKenna here.