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

Just Posted

Okanagan and Shuswap blossom at Communities in Bloom awards

District of Sicamous, City of Armstrong double winners at B.C. awards gala; Lumby also a winner

Internet speed testing implemented in the CSRD

Test results will be tracked to find areas where improvement is needed.

Sicamous Eagles lose two on the road

Despite late offensive surges, the Sicamous squad came up short in Spokane and the Beaver Valley.

What financial commitments do you want from candidates running for prime minister?

As the federal election quickly approaches, the Observer took to the streets… Continue reading

VIDEO: ‘Thrones,’ ‘Fleabag’ top Emmys

Billy Porter makes history as first openly gay black man to win best drama-series acting Emmy

B.C. court hears disclosure arguments in Meng Wanzhou case

Huawei exec argues she was unlawfully detained at YVR last December at direction of U.S. authorities

Morning Start: What percentage of the world is left-handed?

Your morning start for Monday, Sept. 23.

Trudeau attacks Scheer, Harper, Ford in first federal salvo for Ontario

Liberal leader targets three big conservative rivals in second full week of campaign

Kidz Bop bring their world tour to Penticton

Kidz Bop will perform some of today’s biggest global pop hits at the South Okanagan Events Centre

B.C. Lions hype-man marks 15 years of cheers

Crazy P cheers, chants, bangs his drum and spreads a message of love

Former South Okanagan resident found dead in Alberta

Candace Deleeuw was reported missing Sept. 16

PHOTOS: Steller sea lion with plastic around neck rescued on Vancouver Island

Rescue staff determined the plastic band cut the protected animal’s neck approximately two inches

Most Read