Federal judge rules in favor of barista wearing bikini over clothes | Business news

EVERETT, Wash. (AP) — A federal court has ruled a Washington city dress code ordinance requiring bikini-clad baristas to cover their bodies on the job unconstitutional.

This week’s partial summary judgment ruling follows a lengthy legal battle between Bikini Barista and the city of Everett over workers’ right to wear what they want, Everett Herald reported. Everett is about 30 miles (50 kilometers) north of Seattle.

The U.S. District Court in Seattle ruled that Everett’s dress code ordinance violated the equal protection clauses of the U.S. and Washington state constitutions. According to a 19-page ruling signed by U.S. District Judge Ricardo S. Martinez, the court found that the ordinance was, at least in part, designed to discriminate on the basis of sex.

It’s hard to imagine, the court wrote, how the ordinance would apply equally to men and women in practice, because it bans clothing that is “normally worn by women, not men,” including shirts with half-backs and backs, as well as bikinis.

The court also ruled that bikini-clad baristas were “obviously” the target of the decree, adding that the profession consists of a workforce that is almost entirely female.

In 2017, the city adopted a dress code ordinance requiring all employees, owners and operators of “emergency services” to wear clothing that covers the upper and lower body. The ordinance lists coffee stands, fast food restaurants, delis, food trucks and coffee shops as examples of quick service businesses.

The owner of bikini barista stand Everett Hillbilly Hotties and some employees have filed a lawsuit challenging the constitutionality of the dress code ordinance. They also challenged the city’s lewd behavior ordinance, but the court dismissed all of the barista’s claims except for the dress code issue.

The court ordered the city of Everett to meet with the plaintiffs within 14 days to discuss next steps.

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