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Bikini Baristas to sue over bikini ban, says violates constitutional rights

http://www.seattletimes.com/seattle-news/bikini-baristas-sue-everett-over-bare-skin-ban/


A group of bikini baristas filed a lawsuit Monday against the city of Everett, alleging that two recently passed ordinances banning bikinis and bare skin — including bare shoulders, bare midriffs and bare buttocks — on restaurant employees, violate their constitutional rights to free expression and the right to privacy.


The plaintiffs, including seven baristas and an owner of a chain of bikini coffee stands, argue in the suit that their right to privacy would be violated if officers were to inspect them to ensure that they were following the rules.

“The Ordinances, on their face violate the First Amendment to the United States Constitution; are unconstitutionally vague, as applied and in violation of the due process guarantee of the Fourteenth Amendment. The ordinances also deprive the Baristas of their Fifth and Fourteenth Amendment rights and discriminate against women,” lawyers for the baristas said in a statement released Monday.

Do we have any people that know law or the constitution? Do they have a case? This is leading to pretty divisive discussions on both sides. I tried to look up indencency laws of what applies and what doesn't.

The crazy thing is they are not focusing on health/safety issues, just that some of the barista spots do illegal things

9/15 update: city temporarily suspends enforcement

Update:

http://q13fox.com/2017/09/15/city-o...aimed-at-forcing-bikini-baristas-to-cover-up/

EVERETT, Wash. — The city of Everett said Friday it has agreed to suspend enforcement of two new ordinances aimed at forcing bikini baristas to cover up, pending the outcome of a lawsuit challenging the new laws.
 
Never researched bikini law, but I'd wager a guess that if they were smart, the drafters crafted this law with a public health rationale, even if the intent is anti bikini. That's my best guess as to how the law passes muster.
 

Stinkles

Clothed, sober, cooperative
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.
 

NervousXtian

Thought Emoji Movie was good. Take that as you will.
I think they have a case, pretty BS that they try to legislate what someone wears by choice at work.

This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The whole thing is sad from top to bottom, if you will pardon the pun.

Which is a problem and been ongoing at these joints.. but still the law is BS.

Enforce the law on the stuff they do that's really illegal.
 

Shadybiz

Member
....They have my sword.

Edit: Hmm...saw the article that was deleted. Nevermind...they don't have my sword. Seems like an actual problem.
 

Two Words

Member
It seems like a sensible health law when specifically talking about food services. Seems like they just want to keep a gimmick that probably brings in customers.
 

tkscz

Member
If they keep themselves clean around the food, it shouldn't matter. Obviously not a family place, so no "thinking about the children" here. And it's not nudity (exception with bare ass, but I don't think they were doing that), and it's private property. If they were straight up nude, it doesn't matter. Their property, their rules. If, however, there are unclean restaurants with the same gimmick, then I can understand the plea, but it has to be more unclean then there are clean.
 
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.

so instead of cracking down harder on perverts, let's make the women cover up?

isnt this in the same vein as "men can't control themselves so make the women cover up" or "she shouldn't have been wearing such a short skirt"? i agree it sounds like an issue but making women cover up isn't the way to go
 

NoRéN

Member
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.
.

Well put.
 

low-G

Member
No bare shoulders on a restaurant employee? Holy shit.

Crazy that there are truckers jacking all over the place.
 

riotous

Banned
The stands in Everett were made famous by literal prostitution. The bikini baristas rarely wear bikinis, its more like lingerie.
 
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.

I mean if it's a health and safety issue, nail them on that, but it doesn't seem to be a problem? If they are committing crimes around prostitution nail them around that. Looks like they tried to take the easy way out and just tell people what they can or cannot wear
 

leroidys

Member
The stands in Everett were made famous by literal prostitution. The bikini baristas rarely wear bikinis, its more like lingerie.
Yup. At absolute best they were unlicensed strip clubs (peep shows?), at worst prostitution fronts to fuel people's opiate addictions.
 

riotous

Banned
I mean if it's a health and safety issue, nail them on that, but it doesn't seem to be a problem? If they are committing crimes around prostitution nail them around that. Looks like they tried to take the easy way out and just tell people what they can or cannot wear

They did a massive sting operation which involved arresting a cop who was helping them avoid undecover operatives. THAT was after years of arresting girls and customers for individual lude acts.

They even seized businesses.

Weeks later more stands popped up doing the same things.

You could drive down a highway that school busses drive down and pass 5 or 6 of these places in a single mile stretch. Might glance over and catch a glimpse of a girl bending over while a guy fingers her.

No exaggeration.
 
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.

aren't there already laws against prostitution and public masturbation 🤔
 
I mean if it's a health and safety issue, nail them on that, but it doesn't seem to be a problem? If they are committing crimes around prostitution nail them around that. Looks like they tried to take the easy way out and just tell people what they can or cannot wear
This isn't about waitresses wearing the clothes they find comfortable. These are strip clubs and prostitution fronts skirting zoning laws.
 

massoluk

Banned
This sounds legitimately like a health and safety concern, man

You could drive down a highway that school busses drive down and pass 5 or 6 of these places in a single mile stretch. Might glance over and catch a glimpse of a girl bending over while a guy fingers her.

No exaggeration.
Ohhhhhhhhh
 

Dead Man

Member
so instead of cracking down harder on perverts, let's make the women cover up?

isnt this in the same vein as "men can't control themselves so make the women cover up" or "she shouldn't have been wearing such a short skirt"? i agree it sounds like an issue but making women cover up isn't the way to go
Yeah, if that's the reasoning it's pretty weak.
 

Fuchsdh

Member
so instead of cracking down harder on perverts, let's make the women cover up?

isnt this in the same vein as "men can't control themselves so make the women cover up" or "she shouldn't have been wearing such a short skirt"? i agree it sounds like an issue but making women cover up isn't the way to go

It's always a lot easier to crack down on suppliers than consumers.
 

rtcn63

Member
You could drive down a highway that school busses drive down and pass 5 or 6 of these places in a single mile stretch. Might glance over and catch a glimpse of a girl bending over while a guy fingers her.

No exaggeration.

You're talking about the South or Midwest aren't you
 

Slayven

Member
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.

Stinkles is a well read man

Why is this area a hot bed of this?
 

Fuchsdh

Member
Wow, I'm tired. Rereading the article and there's so many laugh-out-loud statements in there, like this defense of why they need to show skin at work:

The plaintiffs claim that wearing minimal clothing allows them to show their tattoos, scars and other physical features that prompt conversations with customers about life experiences and personal choices that would not otherwise occur. They also claim that wearing bikinis allows them to “express messages of freedom, empowerment, openness, acceptance, approachability, vulnerability and individuality” that they would not otherwise be able to convey.

Followed up by this great hyperbole:
“These ordinances set back women’s rights by 50 years,” plaintiff Leah Humphrey said in a statement released Monday.

And then the real concern, which is of course about money.
Some employees also have said they’re concerned that they’ll make less in tips — or lose their jobs entirely — with the new dress code.
 

FUME5

Member
The lawsuit claims that the Everett ordinance is poorly written, vague and nearly impossible for an ordinary person to understand. For example, the suit claims, city ordinance 3559-17 prohibits women from exposing “more than one-half of the part of the female breast located below the top of the areola” and the “bottom one-half of the anal cleft.”

For the city to enforce the law, officers would have to perform a “humiliating and intrusive” examination of suspect’s naked breasts to ascertain where the areola is and how much of the breast, relative to it, is exposed, the suit claims.

“It is unlikely that most citizens would be able to determine the location of their anal cleft, as it is not a term used in everyday speech and has varying definitions on the internet,” the suit claims.

Anal cleft.
 
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.

Wait, prostitution???
 

MsKrisp

Member
This is designed to stop prostitution and public masturbation, both things that are absolutely rife in the "bikini barista industry"

The people passing the ordnance aren't prudes, they are just tired of truck drivers jerking off on aurora avenue which, amazingly is a legitimate problem in and around seattle.

The whole thing is sad from top to bottom, if you will pardon the pun.

See, this is why we can't have anything nice
 

Dishwalla

Banned
Adult superstores and religious billboards are definitely a thing though. Also fried chicken but who the fuck doesn't love fried chicken.

Oh I know those are. Adult stores, fireworks stores, boot stores. That's about all you see along the interstates in the South, besides Waffle/Huddle House.
 

riotous

Banned
The reason for the concentration of these places, along with "massage" places that are essentially brothels is likely due to the rather large factory nearby where a huge amount of very high paid blue collar workers work.

They make many of the planes we fly around in.
 

WaffleTaco

Wants to outlaw technological innovation.
After reading the ordinances, I do not believe that they have a case. There is precedent for these types of bikini bans taking effect all over the country due to similar problems they are having at this particular location.
 
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