After Court Victory, Bikini-Barista Stores Try to Stave Off City's Appeal

After Court Victory, Bikini-Barista Stores Try to Stave Off City's Appeal

EVERETT, Wash. — The city of Everett last week filed a brief at the 9th U.S. Circuit Court of Appeals seeking to dissolve a December federal court ruling that placed a temporary ban on ordinances that impose dress codes for bikini baristas.

The appeal stems from U.S. District Judge Marsha Pechman's ruling in December that said the city of Everett violated 14th Amendment equal-protections guarantees against women employees working at the city’s bikini-barista coffee joints, including Hillbilly Hotties, Grab-N-Go, Java Juggs and Twin Peaks.

In August, the city adopted a dress code ordinance that required employees at coffee stands and elsewhere to wear a minimum of tank tops and shorts. It argued that the dress code is necessary because existing ordinances against prostitution, lewdness, public masturbation and sexual assault are too difficult to enforce and that addresses “secondary harms.”

The city, at the same time, amended it lewd conduct ordinance that prohibited public exposure of the “bottom one half of the anal cleft” and “more than one-half of the part of the female breast located below the top of the areola.”

The bikini-barista coffee stores shot back with a lawsuit, claiming the ordinances violated freedom-of-expression rights.

In a decision in December, Pechman agreed with the stores, ruling that both ordinances were unconstitutionally vague.

The city of Everett in its appeal claims Pechman erred in her ruling, arguing that was wrong in suggesting that the ordinances were vague in describing what body parts can’t be on display. 

The city contended that it made the right decision for a dress code after it combed through more than 800 pages of materials, including police reports, analogous studies and investigative records that found a causal link to secondary effects and the bikini-barista coffee stores.

Both ordinances provide a clear guidance to law enforcement and will not result in arbitrary enforcement, the city said in the appeal of the preliminary injunction.

“The City Council enacted the ordinances after carefully considering the scope of negative impacts associated with bikini-barista stands and determining the ordinances would assist in addressing those impacts,” the city said in a brief to the 9th Circuit.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Sexpo Australia Relaunches as SexEx

Sexpo Australia founder David Ross has relaunched his adult lifestyle expo as SexEx.

Orion Unveils New Styles From 'Svenjoyment Bondage' Line

Orion Wholesale has released two new styles from its Svenjoyment Bondage line.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

B-Vibe Spotlighted in Glamour Magazine

B-Vibe has been named Best for Anal Toys in a Glamour Magazine article on pleasure brands.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Williams Trading, ANME Founders Partner for Livestream Event

Williams Trading has partnered with CalExotics, Doc Johnson, and Nasstoys to host a virtual trade show July 14-15 during ANME.

Eldorado Names Sandy Nuyt Sales Director

Eldorado Trading has appointed Sandy Nuyt as its new sales director.

Orion Debuts 'Glans Masturbation Cup Trainer' From Rebel Line

Orion Wholesale has released the Glans Masturbation Cup Trainer from its Rebel collection.

Show More