Barista pleads guilty, must remain clothed

Published 7:05 pm Wednesday, May 19, 2010

EVERETT — An Everett municipal court judge on Monday ordered a Bothell woman to be fully clothed during her shifts at a bikini espresso stand.

The woman was the last of five Everett bikini baristas to answer to criminal charges filed last year after a police investigation into lewd behavior at the Grab-n-Go Espresso stand on Broadway.

The woman, 21, pleaded guilty Monday to working without an adult entertainment license.

She was sentenced to 20 days in the Snohomish County Jail. She will be allowed to serve her time at home under electronic monitoring.

A judge last week dismissed a prostitution charge against the woman. Prosecutors alleged that the woman and another barista licked whipped cream off each other’s exposed genitals and breasts. Detectives took photographs of the incident.

A judge found that the other barista arranged the sale agreement with the customer. The city’s law isn’t clear about criminal culpability for third parties who haven’t bargained a price, but participated in the act, according to attorneys.

In separate hearings, the other four baristas negotiated to delay criminal prosecution. The women must stay out of trouble for two years. If they comply, prosecutors agreed to drop the prostitution and code violation charges against them. The four also agreed to cooperate with investigators.

Prosecutors on Monday provided Everett Municipal Court Judge Timothy O’Dell with the photographs taken during last year’s police investigation into the stand.

“It’s not about what she was wearing but it’s about her conduct in some of these photos,” said Leslie Tidball, assistant city attorney.

Tidball recommended jail time for the woman.

The woman’s attorney Ben Schuster argued against a jail sentence. His client didn’t have any previous criminal history. He told O’Dell that neither police nor city officials ever contacted the baristas and told them to stop. Instead, authorities conducted a two-month investigation, took pictures and filed charges.

No one is making excuses for her conduct, Schuster said. The woman is accepting responsibility and has paid a high price for her behavior, he said. She’s received harassing phone calls, and explicit photographs of her have been published online.

The woman continues to work at one of the Grab-n-Go stands. She has applied for other jobs but can’t find work because of the publicity the case has drawn, Schuster said.

The woman is undergoing treatment for drug addiction. She has been clean for six months, the Everett defense attorney said.

O’Dell had two questions for the woman. He asked if she was fully clothed while she worked at the coffee bar.

It’s a bikini stand, the woman answered.

“What happens if you show up with clothes on?” O’Dell asked.

She’d lose her job, the woman said.

The woman said she is planning on leaving the job later this summer. In the meantime, the judge ordered her to wear clothes, not a bikini or lingerie, to work.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.