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.
