EVERETT — Laws aimed at shielding the public from X-rated behavior by employees and customers at drive-through espresso stands are scheduled for a possible vote at a Snohomish County Council hearing this week.
A licensing ordinance would brand businesses adult entertainment if baristas bare too much flesh. The county also is considering a tougher version of its criminal law on lewd conduct. The new rules would apply to all businesses, not just the ones peddling cups of Joe.
“We are urging council members to vote for both of these ordinances, because we believe they address the totality of the situation, not just law enforcement,” said Shahram Hadian, who has organized local opposition to risque stands. “They are adult businesses. They are operating as such, and should be regulated as such.”
The hearing is scheduled for 10:30 a.m. Wednesday at the county campus in Everett.
Council Chairman Mike Cooper said he started receiving complaints by e-mail about espresso-hut employees in bathing suits and lingerie in mid-2008, soon after they proliferated on Highway 99 and other arterials throughout the region. County officials at the time determined the relatively new fashion trend didn’t break any laws or health regulations.
Within months, however, people were writing Cooper about baristas exposing breasts and wearing thongs. They also reported signs advertising “sexy baristas,” “flash Friday,” and “XXX nude girls,” among others. Enlarged windows at some stands left little to the imagination about goings-on inside.
Explicit displays are what the new laws target, Cooper said, not provocative attire.
“Cleavage is not going to be illegal, bikini bottoms are not going to be illegal,” he said. “People need to understand that.”
His ordinance would force businesses with partially nude employees or sexually suggestive signs to get licensed. Employees would have to be at least 18 years old. Businesses that break the law could be declared public nuisances and ordered to shape up or be shut down.
The other ordinance, from Councilman Dave Gossett, specifies types of lewd behaviors and clothing styles not spelled out in the existing law. To a list of public places where lewd conduct can be regulated, it adds, “structures from which customers can be served through a drive-up or walk-up window, door or other means.” Managers and business owners could be held accountable for employee conduct under the revamped lewd-conduct law, not just the employees who do it.
The maximum penalty for committing lewd conduct also changes to a $1,000 fine and 90 days in jail from a $500 fine and six months imprisonment.
Bill Wheeler, who owns Grab-N-Go stands throughout the county, said he would obey any new laws, but also would defend his employees’ style of clothing as a valid form of expression.
“They’re trying to step on people’s First Amendments rights,” he said. “I’m not going to roll over and play dead.”
A few weeks ago, he changed the dress code at a stand on Murphy’s Corner near Mill Creek to be, in his words, more “family friendly.”
An online petition at www.take actionsnoco.info had gathered 150 signatures by last week urging city, state and county leaders to pass stricter laws regulating the stands.
Noah Haglund: 425-339-3465, nhaglund@heraldnet.com.
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