The Ninth Circuit does not buy into free speech claims in “Bikini Baristas” – FindLaw


The cashier is on a drive through the coffee shop serving coffee.

Hotties Hillbilly. Java Juggs. Twin Peaks. Dreamgirl espresso. If you haven’t been following the “Bikini Barista” trend over the past decade, the names of Pacific Northwest establishments that serve coffee “with a view” might make you wonder if they are cafes or strip clubs. And city officials in Everett, Washington He confirmed there was a slight difference, Justifies a dress code requiring employees, owners and operators of express service facilities to cover “minimum body areas”.

Malik and his staff fought one of these situations against the law, but the law was victorious (for now). The U.S. Ninth Circuit Court of Appeals overturned an injunction blocking enforcement of the law, and so ruled Bikini barista is unlikely to prevail over First Amendment claims.

Is semi-nudity devoid of speech?

Interestingly, nude dancing and exciting performances It is considered an expressive behavior protected under the First Amendment. But the “half-naked employees” did not take this method as part of their argument. Instead, they claimed that their dress (or lack of it) was a message of empowerment, which is a claim He found the judges of the Ninth Circuit less than convincing. The court wrote: “Given that the plaintiffs did not demonstrate a“ high probability ”that their intended messages of empowerment and confidence would be understood by those who viewed them,“ we conclude that the dress code in this case is not sufficiently communicative to be eligible for First Amendment protection. ”They continued:

We stress that the plaintiffs deny that they participate in the nude dance and erotic performances, and thus disavow First Amendment protections available for this behavior. The outcome of this case turns into plaintiffs’ claim that the act of wearing almost no clothes while serving coffee at a retail establishment constitutes speech. Because wearing pasties and stringers while working in express service facilities is not “expressive behavior” within the meaning of the First Amendment, the dress code ordinance does not burden protected expression.

What are we talking about?

Everett also updated the “dishonorable conduct” law, leading to Some interesting discussions between the rulers Regarding the lower district court decision:

The court clarified that it is “uncertain as to the meaning of the compound term” anal fissure “as used” in the modified definition, because “[t]The term “lower half of anal fissure” is not well defined or reasonably understood[.]After examining the text adopted by Medina, we are not convinced that the public will be left to guess the meaning of the term “anal fissure,” especially because the meanings of both “anal” and “spina” can be easily distinguished through recourse to a common dictionary.

Great.

Now that we’re all on the same page, there’s only one place left to turn to: the Supreme Court.

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