High Court Won’t Consider Bikini Baristas’ Right to Reveal

The U.S. Supreme Court declined to consider whether a city ordinance in Washington state that forced “bikini baristas” to cover up violated their constitutional rights.

The justices said Monday they won’t take up the question of whether the city of Everett, Wash., could enforce “lewd conduct” and dress code ordinances challenged by baristas who served coffee from stands while scantily clad. This decision will let stand a U.S. Court of Appeals for the Ninth Circuit decision that tossed an injunction against the ordinances and said the baristas weren’t likely to succeed on the merits of their argument.

Jovanna Edge and other baristas who worked at drive-thru stands petitioned the high court to overturn that Ninth Circuit ruling, arguing that the dress code laws violate their free expression in violation of the First Amendment. They argued, “Through their mode of dress, the baristas communicate messages including female empowerment, freedom of expression, and body confidence.”

The city declined to file a response to that challenge to the Supreme Court. Everett’s dress code ordinance requires that the attire of employees, owners, and operators of “quick-service” facilities cover “minimum body areas.”

Bikini barista stands have operated around Everett since 2009. The city enacted the new rules after receiving complaints of nearly nude employees at the stands, as well as underage workers, customers groping baristas, and allegations of prostitution, the city previously argued.

Pacifica Law Group represents the city of Everett. Seattle-based Newman Du Wors represents Edge.

The case is Edge v. City of Everett, U.S., No. 19-976, cert. denied 3/9/20.