9th Circuit Hears Bikini Barista Dress Code Case

9th Circuit Hears Bikini Barista Dress Code Case

SEATTLE — The 9th U.S. Circuit Court of Appeals today heard oral arguments in the case of the bikini baristas of Everett.

The baristas working in the city of Everett, Wash., claimed in a federal lawsuit several years ago that a dress code ordinance that went into effect violates their constitutional rights to free expression and the right to privacy.

A federal judge later granted a preliminary injunction that prevents the city from enforcing laws aimed at bikini barista stands, ruling the ordinances were likely unconstitutional.

Today, the 9th Circuit heard an appeal from the city of Everett, which wants the injunction tossed.

The seven bikini baristas and their employer who owns four coffee stands sued the city in 2017, saying that the ordinance denies workers the ability to communicate and express themselves through their choice of swimwear — bikinis.

Everett dictated a dress code that bans bare midriffs, exposed shoulders, shorts or bikinis in quick-serve food and beverage businesses.

Some of the discussion in today’s arguments at the 9th Circuit focused on, what is an anal cleft and where does the “average” person determine where an anal cleft begins?

As far as anal cleft goes, the city’s appellate counsel said that "a person of ordinary intelligence can reasonably determine" what that term in the dress code means.

Check out a video of today’s oral arguments here at the 39-minute mark. 

Copyright © 2026 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

Wicked Premieres 1st Installment of Seth Gamble's Erotic Drama 'Love/Hate'

Wicked Pictures has released the debut installment of multi-XMAs award winner Seth Gamble's latest series, "Love/Hate."

Anastasia's Bedroom Introduces 'Lightly Loved Lingerie' Collection

Anastasia’s Bedroom, a Canadian-based online retailer, has debuted its Lightly Loved Lingerie collection.

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

LELO Debuts 'Surfer 2' Anal Plug

LELO has introduced its new Surfer 2 anal plug.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Aleksa Mink Fronts Latest From Reality Kings

Aleksa Mink stars with Dick Dealer Don in the latest release from Reality Kings.

Angie Lynx Toplines Angelo Godshack's 'Hardcore Gangbangs 6'

Angie Lynx headlines the sixth volume of director Angelo Godshack's "Hardcore Gangbangs," from Evil Angel.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

Our Erotic Journey Expands 'Cristal Collection' of Vibrators

Our Erotic Journey has introduced five new vibrators from its Cristal Collection.

Nice & Naughty Names Chris Fleiger Director of Operations

Michigan-based retail chain Nice & Naughty has appointed Chris Fleiger as its new director of operations.

Show More