'It’s My Right As A Person': Bikini Barista Suit Alleges 1st Amendment Violations

EVERETT, WA — How would you know if a woman is showing more than 25 percent of her breast? Or how would you determine if the "bottom one-half of the anal cleft" is showing? These are some of the questions being asked by a group of bikini baristas who are suing Everett over a new ordinance which, essentially, prevents them from wearing bikinis at a job that requires them to wear bikinis.

On top of the hard-to-interpret anatomical parts of the law, the baristas are alleging that the city is violating their First Amendment rights by forcing them to cover parts of their body that they use to express themselves. The baristas and one coffee stand owner filed the lawsuit Monday in federal court in Seattle. They are seeking to overturn two new Everett ordinances that restrict attire at bikini barista stands. The ordinances were made law on Sept. 5.

And while many have joked about the "expression" that is being restricted, the baristas in the lawsuit describe deeply personal reasons for wanting to overturn the new ordinances.

"[F]or me, the message I send is freedom," barista Liberty Ziska of Mukilteo says. "Millions of women fought for our rights and right to vote, and it’s my right to wear what I want. It’s my right as a person."

Barista Leah Humphrey of Fall City is able to show off a scar while wearing a bikini, which she says helps her connect with other people.

The scar tells "a personal story about my own growth and how far I’ve come, and I share that story with customers, who open up about their own stories," she says.

Amelia Powell, a Seattle college student pursuing an international relations degree, says bikini baristas are able to express through work that “we are young and fun and confident.”

The baristas also stand to lose income and dignity if the ordinances are allowed to proceed, according to the suit.

The suit alleges that preventing the women from wearing bikinis prevents them from earning tips that are larger than at typical coffee shops. The ordinances also open the women's bodies to inspection by police officers who, presumably, will have to enforce the specifics of the law.

[P]olice must first determine the location of the “top of the areola,” which is only revealed when a woman exposes her breast. Next, the suspect woman must undergo a humiliating and intrusive examination so the officer can calculate whether her clothing choice exposes more than the law allows. If police suspect a violation, officers may view, evaluate, and take measurements from a woman’s breast areola or anal cleft. It is unlikely that most citizens would be able to determine the location of their anal cleft, as it is not a term used in everyday speech and has varying definitions on the internet.

The suit also compares the bikinis to any other work uniform — be it green aprons at Starbucks or UPS employees' brown suits. No other uniform but a bikini is appropriate for what they do, the baristas say.

You can read the whole bikini barista lawsuit here:

Image via Ted S. Warren/Associated Press