COTW #33 - Bikini Baristas

"Bikini Baristas" were wearing a lot less than your typical bikini, and they were doing a lot more than what you normally find on a barista job description.

The City adopted a dress code ordinance, and amended their lewd conduct ordinance. These basically specify certain body parts that need to be covered up.

Some baristas brought a lawsuit and a federal district judge issued a preliminary injunction against these ordinances on the ground that they were void for vagueness and that they interfered with the Baristas’ 1st Amendment rights.

The 9th Circuit, however, took a look at it and said look — it's not void for vagueness. A person of ordinary intelligence can ascertain what these ordinances are actually saying, and what they mean.

And the dress code is okay in terms of 1st Amendment because the court didn't see how any person on the street could understand what these baristas were actually trying to communicate by the way they were dressed.