EVERETT, Wash. (AP) — A Washington city’s dress code ordinance saying bikini baristas must cover their bodies at work has been ruled unconstitutional by a federal court.
The choice in a partial summary judgment this week comes after a lengthy legal battle between bikini baristas and the town of Everett over the rights of employees to wear what they need, the Everett Herald reported. Everett is about 30 miles (50 kilometers) north of Seattle.
U.S. District Court in Seattle found Everett’s dress code ordinance violated the Equal Protection clauses of the U.S. and Washington state constitutions. The Court found that the ordinance was, not less than partly, shaped by a gender-based discriminatory purpose, based on a 19-page ruling signed by U.S. District Judge Ricardo S. Martinez.
It’s difficult to assume, the court wrote, how the ordinance can be equally applied to men and girls in practice since it prohibits clothing “typically worn by women reasonably than men,” including midriff and scoop-back shirts, in addition to bikinis.
Bikini baristas were “clearly” a goal of the ordinance, the court also ruled, adding that the career is comprised of a workforce that is nearly entirely women.
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In 2017, the town enacted its dress code ordinance, requiring all employees, owners and operators of “quick service facilities” to wear clothing that covers the upper and lower body. The ordinance listed coffee stands, fast food restaurants, delis, food trucks and occasional shops as examples of quick service businesses.
The owner of Everett bikini barista stand Hillbilly Hotties and a few employees filed a legal grievance difficult the constitutionality of the dress code ordinance. Additionally they challenged the town’s lewd conduct ordinance, however the court dismissed all of the baristas’ claims however the dress code query.
The court directed the town of Everett to satisfy with the plaintiffs inside 14 days to debate next steps.
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