Seattle-area bikini baristas take their fight to show skin while slinging espresso to the Supreme Court (Via EaterSeattle)
, arguing that it was operating more like an “adult business” than a cafe.
The Everett lawsuit seems to be the one that’s been most in the public eye. In addition to alleging a First Amendment violation,also cited the Fourteenth Amendment, which requires all U.S. citizens to be treated equally under the law, noting that Everett “requires all women, not men … to cover more than three-quarters of their breasts while in public areas.
For its part, the city of Everett is confident that it will prevail. The city continues to believe the dress code ordinance is necessary,” says Everett spokesperson Julio Cortes. “Our legal team is currently reviewing the plaintiff’s petition and determining our course of action.” The city is also involved in a separate, but related legal battle involving a sex offender in prison who is requesting access to police video of bikini baristas. Officials for the city of Everett are arguing the right to privacy to keep those videos confidential, while the inmate is arguing that he has right to access public documents through Washington’s open records law. This case is still in its early stages, with a legal brief due this week.
As for what will happen with the baristas continuing fight over the Everett dress code, Lifschultz says that, even if things don’t go the baristas’ way in Washington, D.C., there are still some more legal options. Depending on what the Supreme Court decides, he and the others plan to file a new lawsuit. Warns Lifschultz, “We are not going away any time soon.”
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