A Washington state ordinance barring scantily clad servers doesn't violate the First Amendment, a federal appeals court ruled.
"Bikini baristas" will remain banned in Washington State, according to the 9th U.S. Circuit Court of Appeals, which upheld two city ordinances barring servers from serving coffee while wearing swimsuits or pasties.
In 2017, Everett, Washington passed two ordinances: One expanded the lewd conduct law, the other established a dress code at"quick-serve" restaurants like coffee stands and food trucks. The code requires employees to cover their torso, upper legs, buttocks and pubic areas. After the laws were passed, the owner and five baristas at Hillbilly Hotties, a drive-through coffee chain, sued the city, claiming that the new ordinances violated their rights to free expression.
They also argued that the lewd-conduct law was constitutionally vague, and that phrases like the"bottom one-half of the anal cleft" were"not well-defined or reasonably understandable."However, Circuit Judge Morgan Christen did not: She wrote that context made it clear what was being described in the lewd-conduct law, and that the dress-code ordinance did not violate the First Amendment.
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