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

Elly Clutch Makes Her Debut as Brazzers Exclusive

Multi-XMAs winner Elly Clutch makes her debut as a Brazzers exclusive alongside Jordi El Niño Polla in the studio's latest release, titled "As If You Can Handle Elly."

Aleksa Mink Fronts Latest From Pure Taboo

Aleksa Mink stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "What She Would Have Wanted."

PinkCherry Launches 'Scream Your Own Name' Campaign

PinkCherry has launched its Scream Your Own Name promotional campaign.

Lana Smalls Headlines 4th 'My Horny Step-Sister' From Reality Junkies

Lana Smalls toplines the fourth volume of "My Horny Step-Sister" from Mile High Media studio imprint Reality Junkies.

UK Outlaws Content Featuring Choking, Adults Portraying Children

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray children.

Jade Greene Fronts Latest From MYLF

Jade Greene stars with Axel Haze in the latest release from MYLF series Mom Drips.

Andi Avalon, Selina Bentz Star in Latest Installment of 'Mommy's Girl'

Andi Avalon and Selina Bentz star in the latest installment of the Girlsway series “Mommy’s Girl,” titled “Mistaken Mouthful.”

West Coast Productions Launches New Series 'Black by Popular Demand'

West Coast Productions has debuted its new gonzo series, "Black by Popular Demand," with a scene starring Scarlett Alexis and Chocolate God.

Elizabeth Skylar, Sky Wonderland Star in Mother's Day Release From Elegant Angel

Elizabeth Skylar and Sky Wonderland star with Parker Ambrose in a Mother's Day-themed release from Elegant Angel series "Holiday Hotwife."

Show More