Amelia Powell, who has worked as a bikini barista, is seen here in Nov. 2017 in Seattle. (Rikki King / Herald File)

Amelia Powell, who has worked as a bikini barista, is seen here in Nov. 2017 in Seattle. (Rikki King / Herald File)

Bikini baristas could take dress code fight to Supreme Court

For now, they’ve requested a rehearing after the federal court sided with the city of Everett in July.

EVERETT — If a recent request is denied in the 9th Circuit U.S. Court of Appeals, a group of local bikini baristas may ask to be heard by the U.S. Supreme Court.

They’ll likely know their next steps within a few months.

In early July, a panel of three judges on the 9th Circuit U.S. Court of Appeals sided with the city of Everett in a lawsuit filed by the baristas. Since then, the baristas have petitioned for a rehearing “en banc” in the same federal court before a larger panel of judges.

It’s rare for the appeals court to approve such a request, said Derek Newman, a lawyer for the baristas.

“It’s really difficult to get a circuit court to hear a case en banc. It’s almost impossible,” he said. “It’s almost the same as asking the Supreme Court of the United States to hear a case.”

They may have a chance because the decision conflicts with past federal court decisions, he said.

If denied, the baristas plan to ask the Supreme Court to hear their case.

The saga between Everett and bikini baristas has been ongoing for a decade.

It all started in 2009, when the Everett Police Department began to receive complaints about the drive-thru coffee stands.

The department investigated and found cases of prostitution and indecent exposure. Police began issuing citations, but found the method ineffective.

The department began to work with the city to find a legislative fix.

The city created a Dress Code Ordinance that said quick service workers must wear at least a tank top and shorts.

The baristas sued the city, arguing that their outfits were a way to express themselves and that the code violated their First Amendment rights.

In 2017, a U.S. District court judge banned the city from enforcing the law. The judge ruled that the code couldn’t be put in place until the lawsuit was resolved.

The city asked the 9th Circuit appeals court to review the enforcement ban. The two sides went to court in February.

Then last month that panel sided with Everett.

“The City looks forward to enforcing its ordinances consistent with the Court’s decision and in the best interest of the community,” a statement from the city says.

A few weeks later the baristas filed the petition for a rehearing. Now they’re waiting to hear back.

Stephanie Davey: 425-339-3192; sdavey@heraldnet.com; Twitter: @stephrdavey.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

on Monday, July 14, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Mini heat wave moving into Snohomish County

The National Weather Service has issued a heat advisory, warning of temperatures climbing to mid-80s or low 90s Tuesday and Wednesday.

Snohomish County Dahlia Society members Doug Symonds and Alysia Obina on Monday, March 3, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
How to grow for show: 10 tips for prize-winning dahlias

Snohomish County Dahlia Society members share how they tend to their gardens for the best blooms.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

State Attorney General Nick Brown's office posted a release announcing $720 million in nationwide settlements with eight drugmakers that manufactured opioid pills and worsened the nationwide opioid crisis. The state could receive more than $16 million, the release said. (Ryan Berry/Washington State Standard)
Snohomish County to receive portion of latest $16M opioid settlement

While the amount of money is still unknown, funding plans are already in place to help with drug abuse prevention, treatment and education.

District 2 candidates differ in public safety approach

Incumbent Paula Rhyne is facing challenger Ryan Crowther. The third candidate, Jonathan Shapiro, is no longer seeking the seat.

From left to right, Edmonds City Council Position 3 candidates Joseph Ademofe, Alex Newman and Erika Barnett.
Amid budget crisis, Edmonds City Council candidates talk revenue, affordability

Three newcomers are facing off for Position 3 on the council, currently held by council President Neil Tibbott.

Everett
Everett approves new fines for non-emergency lifts

The fire department will only issue fines for non-emergency lift assists at licensed care facilities, not for individuals at home calling 911.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.