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

Reptyle Launches Cross-Site Special Event 'The In-Laws'

Reptyle is launching a new cross-site special event on its TeamSkeet, MYLF, Swappz, and Family Strokes imprints, titled "The In-Laws."

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Jade Venus, Little Puck & Olivia Jay Star for Transfixed

Jade Venus stars with Little Puck and Olivia Jay in the latest release from Transfixed, titled "The Great Ladies' Taste-Off."

Cassie Del Isla Performs Her Final DP for DFXtra

Cassie Del Isla has performed the last DP of her career alongside Will Tile and Goldey in a new scene from DFXtra, titled "Getting the Job Done."

Blush Introduces 2 New Vibrating Wands

Blush has debuted two new oscillating wand vibrators, Juno and Sage.

XBIZ Retail Retreat Miami Set for May 4-8

The summer edition of XBIZ Retreat Miami will take place May 4-8, welcoming attendees back to the Grand Miami Beach Hotel’s oceanfront setting and marking the latest installment of the all-inclusive, invitation-only B2B retail event.

Kendra James, Evie Christian Headline 'Lesbian Step-Daughters 9'

Kendra James and Evie Christian topline “Lesbian Step-Daughters 9” from Girlfriends Films.

Sophia Locke Stars in Latest From Spankbang Gold

Recently crowned XMAs MILF Performer of the Year Sophia Locke stars with Ten Against in the latest release from Spankbang Gold, titled "Fuck a Fan."

Orion Expands 'Beau Coeur' Collection

Orion Wholesale has introduced five new pleasure products from its Beau Coeur collection.

Stacy Lynn Returns to Grooby in New TGirl40 Release

Stacy Lynn stars with Juan Dadon in the latest scene from Grooby paysite TGirl40, titled “The Strength Below.”

Show More