Sumner officials are taking precautions against any bikini baristas who may try to come to town.
The City Council unanimously approved a lewd-conduct ordinance Tuesday night that gives the city a way to cite baristas or other individuals who show too much skin in public.
“We want things just to stay within the character of the town,” Sumner Mayor Dave Enslow said after Tuesday’s meeting.
Sumner doesn’t have any bikini espresso stands within its city limits, nor any such businesses that have applied for permits, City Attorney Brett Vinson said.
But recent unlawful public exposure charges against a topless barista in unincorporated Pierce County made Sumner officials realize they had no law in place to address such behavior, Vinson said.
The barista, who worked in the South Hill area, allegedly wore X-shaped pasties rather than a bikini top to cover her breasts.
“I didn’t want to have something like what happened in Pierce County happen here in Sumner,” Vinson said. “We want to be more proactive than reactive when these situations occur.”
Before Tuesday, Sumner’s city code included only provisions to address indecent exposure, not lewd conduct.
The difference is that an indecent exposure charge requires a person to have “committed open and obscene exposure … knowing that such conduct is likely to cause reasonable affront or alarm,” state law says.
“That didn’t always match the bikini baristas, because a lot of times the people that were going to these places want to see the baristas,” Vinson said. “To prove knowledge is very difficult.”
Sumner’s new lewd-conduct ordinance doesn’t require proof of knowledge to warrant a charge.
Sumner City Councilman Matt Richardson said it’s good for Sumner to act now, especially because so many other jurisdictions have recently cracked down on bikini barista coffee stands.
Council members didn’t want those businesses to seek refuge in Sumner because the city had no rules in place.
“We kind of felt like we might get caught in the cross hairs at that point,” Richardson said. “It’s better to get this done before something happens.”
The ordinance will prohibit public exposure of the genitals or any part of a female breast below the upper edge of the areola. Violators can be charged with a misdemeanor, which is punishable by a fine of up to $1,000 and up to 90 days in jail.
Owners of businesses at which employees expose themselves can also be cited, the ordinance says.
Bodily exposure during plays, dance performances and scientific lectures will still be allowed, as will nudity in locker rooms.
The lewd-conduct ordinance will apply to all people who expose themselves unlawfully in a public place, not just bikini baristas.
The new rules go into effect Saturday.
Melissa Santos: 253-552-7058
melissa.santos@thenewstribune.com
JOIN THE DISCUSSION | Register here
We welcome comments. Please keep them civil, short and to the point. ALL CAPS, spam, obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. Thanks for taking part — and abiding by these simple rules. A thorough explanation of rules of conduct can be found in our Terms of Service. If you have any questions, including why your comment may not be showing immediately after you submit it, be sure to visit the commenting FAQ.