Everett appeals court’s ban on dress code for bikini baristas

The baristas say they seek to protect their civil rights. The case is on hold pending the appeal.

EVERETT — The city of Everett is appealing a federal judge’s temporary ban on its dress code for bikini baristas.

The baristas’ lawsuit to get the city’s rules permanently thrown out has been put on hold, pending the results of the appeal, according to court records.

No new hearing dates have been scheduled. That means it could be months or longer before Everett’s leaders know whether they’ll be able to regulate skimpy clothing at coffee stands and to what degree.

The city did not provide comment about the appeal. In a prepared statement, the baristas’ lawyer, Derek Newman, said the plaintiffs expect to prevail.

The city adopted the new ordinances in August. Among other restrictions, Everett sought to require employees at fast food restaurants, food trucks and coffee stands to wear a minimum of tank tops and shorts.

The next month, a group of baristas and bikini stand owners filed a lawsuit in federal court, saying the regulations violated their civil rights, including freedom of expression. The city voluntarily halted enforcement.

Both sides made arguments in U.S. District Court in November.

That prompted Judge Marsha Pechman to issue a preliminary injunction, forbidding Everett from putting the rules into play while the court case continues. The judge said the city’s ordinances are likely too vague to withstand legal scrutiny.

The city notified the judge of the appeal on Dec. 22 In January, the judge agreed to stay the case, a move that was supported by both parties.

Rikki King: 425-339-3449; rking@heraldnet.com; Twitter: @rikkiking.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A Cessna 150 crashed north of Paine Field on Friday evening, Feb. 16, 2024, in Mukilteo, Washington. The pilot survived without serious injury. (Courtesy of Richard Newman.)
Small plane lost power in crash north of Paine Field, flight club says

The pilot reportedly called 911, stuck in a tree, on Friday. The sole occupant survived “without a scratch,” the president of Puget Sound Flyers said.

The PUD Everett Substation on Tuesday, Feb. 13, 2024 in Everett, Washington. (Annie Barker / The Herald)
Delta residents rip PUD power line plan to cut through neighborhood

The PUD said the poles will connect two Everett power stations amid “increasing electrical demand.” Locals feel it shows a lack of “forethought.”

IonQ CEO Peter Chapman, left, and Sen. Maria Cantwell, right, cut a ribbon during an IonQ event at their research and manufacturing facility on Thursday, Feb. 15, 2024 in Bothell, Washington. (Annie Barker / The Herald)
Nation’s first quantum computing manufacturing plant opens in Bothell

IonQ, a Maryland-based firm, expects to add hundreds of jobs and invest $1 billion in the region over the next 10 years.

Snohomish County Jail. (Sue Misao / Herald file)
Arlington woman arrested in 2005 case of killed baby in Arizona airport

Annie Sue Anderson, 51, has been held in the Snohomish County Jail since December. She’s facing extradition.

Ken Florczak, president of the five-member board at Sherwood Village Mobile Home community on Tuesday, Feb. 13, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
How Mill Creek mobile home residents bought the land under their feet

At Sherwood Village, residents are now homeowners. They pay a bit more each month to keep developers from buying their property.

Lake Serene in Mount Baker-Snoqualmie National Forest. (U.S. Forest Service)
How will climate change affect you? New tool gives an educated guess

The Climate Vulnerability Tool outlines climate hazards in Snohomish County — and it may help direct resources.

Shirley Prouty (Submitted photo)
Shirley Prouty, Arlington historian and grandma to all, dies at 92

Prouty chronicled “100 Years of Arlington” in a series of books. “She’d turn over any rock,” a former mayor said.

Arlington man suspected of DUI in fatal I-5 crash

Police said the man was driving the wrong way south of Tacoma and crashed into another car. Angelica Roberto Campos, 52, later died.

Everett
Feds fine Everett test lab for alleged animal welfare violations

Altasciences was cited for five alleged violations in the last two years that resulted in animal injuries and deaths.

Librarian Andrea Wallis leads activities during Toddler Storytime at the Main Everett Library on Tuesday, Feb. 13, 2024 in Everett, Washington. (Annie Barker / The Herald)
Everett library trustees ‘ideally’ don’t want to merge with Sno-Isle

City finance staff see three options to deal with a $12.9 million deficit: a library merger, a fire department merger, or a new property tax.

A student reaches put their hands to feel raindrops as it begins to pour on Monday, Jan. 22, 2024 in Camano Island, Washington. (Olivia Vanni / The Herald)
‘Hollow gestures’ won’t allow Camano forest school to survive, founders say

Island County officials acknowledged they should have given Springwood Forest School families more time to prepare for an impending closure.

Logo for news use featuring Snohomish County, Washington. 220118
Driver killed in crash east of Snohomish

The man crashed off the road Monday morning in the Three Lakes area. Nobody else was injured.

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.