Bikini baristas win big in Everett, but could lewd conduct complaints happen in Tacoma?
A 13-year tug-of-war between law enforcement and bikini barista stands in Everett took a significant shift in the direction of baristas earlier this week.
The Everett Police Department began investigating the coffee stands in 2009 after over 40 complaints of “lewd behavior.” The department claimed that the baristas violated the city’s lewd conduct ordinance in plain view of people on the street and with “little to no effort to hide their criminal conduct,” according to an Everett Police Department declaration obtained by McClatchy News.
But U.S. District Judge Ricardo Martinez found earlier this week that the city dress code requiring all “quick service facility” workers to wear shorts and t-shirts that covered their midriffs was unconstitutional.
Martinez said that the dress code violates the equal protection clause of the U.S. Constitution and the Washington state Constitution’s 14th Amendment because it targets women’s clothing but not men’s.
There are numerous bikini barista stands in the Tacoma area, such as Smokin Hot Espresso and LadyBug Bikini Espresso.
Any attempt by Tacoma law enforcement to make similar complaints would likely result in the same result as in Everett, but what exactly are Tacoma’s lewd conduct ordinances?
What are lewd conduct ordinances?
In the eyes of the law, lewd behavior is considered indecent, obscene, or lascivious behavior concerning sexual conduct, according to Cornell Law School’s Legal Information Institute. For an action to be considered lewd, it has to be intentional or willful and with the intention of arousal.
Lewd behavior often also concerns children under the age of 18; it doesn’t have to include direct interaction with a minor but engaging in lewd conduct in the presence of minors.
An ordinance is a law or decree specific to a municipality, otherwise known as a local law. Ordinances typically forbid or restrict an activity within that municipality’s jurisdiction.
According to the Legal Information Institute, state governments allow cities to regulate specific issues using ordinances. Yet, an ordinance still carries the state’s authority, meaning the state makes the final decision on rulings.
What are Tacoma’s lewd conduct ordinances?
Tacoma’s lewd conduct laws fall under Chapter 8.32 of the Tacoma Municipal Code, titled “indecent acts.”
Lewd behavior is detailed in the “obscene” category of indecent acts, which indicates explicitly improper conduct in a public place that any member of the public could observe. Section D of the code states that “‘lewd’ shall have and include all those meanings which are assigned to it under the common law.”
The common law refers to Washington state laws, which detail “lewd matter” under Title 7 Chapter 48, titled “moral nuisances,” of the Washington State Code.
The chapter describes lewdness as a matter of which any person appeals to “prurient interests” — an interest in sexual issues — and depicts or describes a publicly offensive representation of genitals or the genital area, among other acts.
Indecent exposure in Washington state is considered a misdemeanor on the first offense, resulting in up to a year in jail and a $5,000 fine. Repeat offenders could face a Class C felony, which is punishable by up to five years in prison and up to a $10,000 fine.
Because Tacoma refers its lewd behavior laws to Washington state laws, any attempt to enforce a dress code upon Tacoma-based bikini barista stands would run into similar issues as it did in Everett.
The court that ruled in favor of the baristas referred to the 14th Amendment of the Washington State Constitution, which indicates that a dress code would be shaped by gender-specific discrimination, according to previous Tacoma News-Tribune reporting.
This story was originally published October 29, 2022 at 5:00 AM.
