Case: Edge v. City of Everett

2:17-cv-01361 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 11, 2017

Closed Date: May 16, 2023

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Case Summary

This is a case about two City of Everett ordinances requiring all employees, owners, and operators of "quick service facilities" to wear clothing covering the upper and lower body. The ordinances were believed to be targeting the "Hillbilly Espresso," a drive-thru coffee shop staffed by women in bikinis. On September 11, 2017 eight bikini baristas filed this lawsuit in the United States District Court Western District of Washington. The baristas sued the City of Everett under the 42 U.S.C. § 1983, the First and Fourteenth Amendments, and the First Amendment and Article I, Section 5 and 12 of the Washington State Constitution. Represented by private counsel, the baristas sought declaratory relief, attorneys’ fees, and damages to be proven at trial. The baristas also sought an injunction stopping the ordinances. District Judge Marsha J. Pechman was added to the case.

The complaint explained the plaintiffs earn a living working serving coffee while wearing bikinis, expressing personal and political messages and opening a door to conversations with customers, including discussions of their tattoos, piercings, and scars. According to plaintiffs' complaint, the ordinances restricted their clothing and a lack of police guidance on enforcement was likely lead to abuse and further violations of the baristas' liberty. The ordinances caused plaintiffs to suffer a loss of income and violated their First Amendment rights and the Equal Protection Clause, as the ordinances only require women to cover their nipples. The ordinances failed to define which parts of the body parts must be covered, which the plaintiffs alleged made the statute void for vagueness. Finally, the plaintiffs made a Substantive Due Process claim, as they lost their right to choose their clothing and occupation.

After ten days the plaintiffs moved for a preliminary injunction. On December 4, 2017 Judge Pechman granted the preliminary injunction as the ordinances were likely void for vagueness. The term “bottom one-half of the anal cleft” was not well-defined or reasonably understandable, and the ordinances otherwise fail to provide clear guidance and raise risks of arbitrary enforcement. Accordingly, the court found that the ordinances likely violated the plaintiffs’ right to free expression under the First Amendment as their choice of clothing is communicative. 291 F.Supp.3d 1201

On December 22, 2017, the City appealed the preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit panel included Circuit Judges Sandra S. Ikuta and Morgan Christen and Judge Jennifer Choe-Groves, a U.S. Court of International Trade judge sitting by designation. The district court proceedings were stayed while the appeal was pending. Oral argument was held February 4, 2019 and on July 3, 2019 the Ninth Circuit vacated the preliminary injunction and remanded the case back to the district court. They held that the term “bottom one-half of the anal cleft” was easily discernible. They also held that even if close cases for enforcement could happen, it does not render a statute unconstitutionally vague. The court determined the plaintiffs’ clothing did not constitute free speech, as there wasn’t a great likelihood their message of empowerment and confidence would be understood. 929 F.3d 657

On July 8, 2019 the case was reassigned to District Judge Ricardo S. Martinez. In September of 2019 Judge Martinez granted the baristas’ motion to stay the mandate while they petitioned the U.S. Supreme Court. In March of 2020 the baristas’ petition was denied and the parties proceeded with producing expert reports and supporting materials.

In February of 2021 both parties moved for summary judgment. On October 19, 2022, the court ruled on both motions. The court dismissed the First Amendment claims, finding that the ordinances promoted a substantial government interest by reducing the crimes of prostitution and sexual assault. The court also dismissed the plaintiffs’ Substantive Due Process claim, as the ordinances were not so irrational as to be arbitrary, but instead related to crime prevention. The plaintiffs conceded the vagueness claim after the Ninth Circuit’s decision.

Regarding the plaintiffs Equal Protection claims that the ordinances discriminated against them as women, the court found that one of the ordinances, the Lewd Conduct ordinance, didn’t violate the Equal Protection Clause because the ordinances properly addressed the city’s objectives in preventing the secondary adverse effects of public nudity and protecting the community. However, the other ordinance, the Dress Code ordinance, did not meet intermediate scrutiny. It posed an unreasonable risk of demeaning enforcement as law enforcement would be required to measure the plaintiffs’ exposed skin. The court awarded summary judgment in favor of the plaintiffs on this claim. The court requested that the parties discuss how to proceed and consider negotiation. 636 F.Supp.3d 1247.

The parties commenced settlement discussions. The settlement discussions were referred by Judge Martinez to Magistrate Judge Mary Alice Theiler and conference was held on March 10, 2023. During the course of settlement discussions, the parties reached an agreement under which the city would pay $500,000 to plaintiffs and the city would keep most of its ordinances for quick-service businesses but would not longer require that baristas wear at least a tank top and shorts. The Lewd Conduct ordinance remained, as well as another mandating that business owners post materials for information on how to seek help if they are being trafficked or otherwise exploited. In April 2023, the Everett City Council approved the settlement agreement and the parties stipulated to a dismissal with prejudice on May 15, 2023.

This case is now closed.

Summary Authors

Zoe Van Dyke (12/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6150580/parties/edge-v-city-of-everett/

Judge(s)

Attorney for Plaintiff

Horvitz, Rachel J (Washington)

Attorney for Defendant

Austin, Janelle M. (Washington)

Goldfarb, Michael A. (Washington)

Huck, Christopher M (Washington)

Johnson, Sarah C (Washington)

Judge(s)

Martinez, Ricardo S. (Washington)

Attorney for Plaintiff

Horvitz, Rachel J (Washington)

Newman, Jessica V (Washington)

Newman, Derek Alan (Washington)

Scully, Keith P (Washington)

Sykes, Jason B (Washington)

Attorney for Defendant

Austin, Janelle M. (Washington)

Goldfarb, Michael A. (Washington)

Huck, Christopher M (Washington)

Johnson, Sarah C (Washington)

Lisagor, Jamie L. (Washington)

Ramerman, Ramsey (Washington)

Riojas, Rogelio Omar (Washington)

Roth, Kit W (Washington)

Segal, Matthew J (Washington)

Silverstein, Jonathan M. (Washington)

Washburn, Sarah S (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:17-cv-01361	Complaint	Sept. 11, 2017	Sept. 11, 2017 Complaint
55 2:17-cv-01361	Order Granting Plaintiffs' Motion for Preliminary Injunction	Dec. 4, 2017	Dec. 4, 2017 Order/Opinion 291 F.Supp.3d 1201
65 17-36038	Opinion U.S. Court of Appeals for the Ninth Circuit	July 3, 2019	July 3, 2019 Order/Opinion 929 F.3d 657
91 2:17-cv-01361	Order on Motion for Summary Judgment	Oct. 19, 2022	Oct. 19, 2022 Order/Opinion 636 F.Supp.3d 1247

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
How the Fourteenth and First Amendments Clash and Provide Both Too many and Too Few First Amendment Protections	In Edge v. City of Everett, the District Court properly assessed the constitutionality of the Citywide Ordinance and the Dress Code Ordinance. However, the court used incorrect cases and reasoning, a…	2018/2019

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6150580/edge-v-city-of-everett/

Last updated April 15, 2026, 5:16 a.m.

ECF Number	Date	Description	Link
1	Sept. 11, 2017	COMPLAINT against defendant(s) City of Everett (Receipt # 0981-5010980) Attorney Derek Alan Newman added to party Juanita Castaneda Guerrero(pty:pla), Attorney Derek Alan Newman added to party Natalie Bjerke(pty:pla), Attorney Derek Alan Newman added to party Jovanna Edge(pty:pla), Attorney Derek Alan Newman added to party Brittany Giazzi(pty:pla), Attorney Derek Alan Newman added to party Matteson Hernandez(pty:pla), Attorney Derek Alan Newman added to party Leah Humphrey(pty:pla), Attorney Derek Alan Newman added to party Amelia Powell(pty:pla), Attorney Derek Alan Newman added to party Liberty Ziska(pty:pla), filed by Matteson Hernandez, Natalie Bjerke, Amelia Powell, Leah Humphrey, Liberty Ziska, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero. (Attachments: # 1 City of Everett Ordinance No. 3559-17 (the Citywide Ordinance), # 2 City of Everett Ordinance No. 3560-17 (the Dress-Code Ordinance), # 3 Civil Cover Sheet, # 4 Summons)(Newman, Derek) Modified on 9/14/2017 to edit receipt number. (RE) (Entered: 09/11/2017) 1 City of Everett Ordinance No. 3559-17 (the Citywide Ordinance) View on PACER 2 City of Everett Ordinance No. 3560-17 (the Dress-Code Ordinance) View on PACER 3 Civil Cover Sheet View on PACER 4 Summons View on PACER	Clearinghouse
2	Sept. 12, 2017	Summons(es) electronically issued as to defendant(s) City of Everett. (RE) (Entered: 09/12/2017)	RECAP
	Sept. 12, 2017	Judge Marsha J. Pechman added. (RE)
	Sept. 12, 2017	Add and Terminate Judges
3	Sept. 13, 2017	AFFIDAVIT of Service of Summons and Complaint on Sharon Fuller, City of Everett Clerk Designee on 9/12/2017, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. (Newman, Derek) (Entered: 09/13/2017)	RECAP
4	Sept. 14, 2017	NOTICE of Appearance by attorney Matthew J Segal on behalf of Defendant City of Everett. (Segal, Matthew) (Entered: 09/14/2017)	RECAP
5	Sept. 15, 2017	STIPULATION AND PROPOSED ORDER Regarding Motion for Preliminary Injunction Briefing Schedule by parties (Segal, Matthew) (Entered: 09/15/2017)	RECAP
6	Sept. 18, 2017	NOTICE of Appearance by attorney Ramsey Ramerman on behalf of Defendant City of Everett. (Ramerman, Ramsey) (Entered: 09/18/2017)	RECAP
7	Sept. 18, 2017	STIPULATION AND ORDER REGARDING MOTION FOR PRELIMINARY INJUNCTION BRIEFING SCHEDULE; Motion for preliminary injunction due 9/21/17; response due 10/23/17; reply/noting date 11/3/17. Oral Argument on the motion for preliminary injunction set for 11/21/2017 at 10:00 AM. City's answer due by 10/30/17 by Judge Marsha J. Pechman. (RS)	RECAP
8	Sept. 21, 2017	MOTION for Preliminary Injunction, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. (Attachments: # 1 Attachment 1 City of Everett Ordinance No. 3559-17 (the Citywide Ordinance), # 2 Attachment 2 City of Everett Ordinance No. 3560-17 (the Dress-Code Ordinance), # 3 Proposed Order) Noting Date 11/3/2017, (Newman, Derek) (Entered: 09/21/2017) 1 Attachment 1 City of Everett Ordinance No. 3559-17 (the Citywide Ordinance) View on PACER 2 Attachment 2 City of Everett Ordinance No. 3560-17 (the Dress-Code Ordinance) View on PACER 3 Proposed Order View on PACER	RECAP
9	Sept. 21, 2017	DECLARATION of Jason Sykes filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Newman, Derek) (Entered: 09/21/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER	RECAP
10	Sept. 21, 2017	DECLARATION of Jovanna Edge filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Newman, Derek) (Entered: 09/21/2017)	RECAP
11	Sept. 21, 2017	DECLARATION of Leah Humphrey filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Newman, Derek) (Entered: 09/21/2017)	RECAP
12	Sept. 21, 2017	DECLARATION of Liberty Ziska filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Newman, Derek) (Entered: 09/21/2017)	RECAP
13	Sept. 21, 2017	DECLARATION of Natalie Bjerke filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Newman, Derek) (Entered: 09/21/2017)	RECAP
14	Sept. 21, 2017	DECLARATION of Brittany Giazzi filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Newman, Derek) (Entered: 09/21/2017)	RECAP
15	Sept. 21, 2017	DECLARATION of Juanita Castaneda Guerrero filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Newman, Derek) (Entered: 09/21/2017)	RECAP
16	Sept. 21, 2017	DECLARATION of Matteson Hernandez filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Newman, Derek) (Entered: 09/21/2017)	RECAP
17	Sept. 22, 2017	NOTICE of Association of Attorney by Sarah S Washburn on behalf of Defendant City of Everett. (Washburn, Sarah) (Entered: 09/22/2017)	RECAP
18	Sept. 28, 2017	DECLARATION of Amelia Powell filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Newman, Derek) (Entered: 09/28/2017)	RECAP
19	Oct. 5, 2017	NOTICE of Association of Attorney by Sarah C Johnson on behalf of Defendant City of Everett. (Johnson, Sarah) (Entered: 10/05/2017)	RECAP
20	Oct. 10, 2017	NOTICE of Appearance by attorney Jamie L. Lisagor on behalf of Defendant City of Everett. (Lisagor, Jamie) (Entered: 10/10/2017)	RECAP
21	Oct. 11, 2017	ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 11/22/2017, FRCP 26f Conference Deadline is 11/8/2017, Initial Disclosure Deadline is 11/15/2017, by Judge Marsha J. Pechman. (RM) (Entered: 10/11/2017)	RECAP
22	Oct. 16, 2017	NOTICE of Voluntary Dismissal as to party(s) Juanita Castaneda Guerrero (an individual), filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Brittany Giazzi, Juanita Castaneda Guerrero, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. (Scully, Keith) Modified on 10/16/2017 (ELS). (Entered: 10/16/2017)	RECAP
	Oct. 16, 2017	Notice of Docket Text Modification
	Oct. 16, 2017	NOTICE of Docket Text Modification re 22 Notice of Voluntary Dismissal Party(s), : edited text to reflect that the filing party was Juanita Casteneda Guerrero and not the other plaintiffs. (ELS)
23	Oct. 19, 2017	NOTICE of Voluntary Dismissal as to party(s) Brittany Giazzi (an individual), filed by Plaintiff Brittany Giazzi. (Scully, Keith) (Entered: 10/19/2017)	RECAP
24	Oct. 22, 2017	PRAECIPE to attach document re 8 MOTION for Preliminary Injunction by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska (Attachments: # 1 Exhibit)(Newman, Derek) (Entered: 10/22/2017)	RECAP
25	Oct. 23, 2017	MOTION to File Anonymous Declaration re 8 MOTION for Preliminary Injunction, filed by Defendant City of Everett. (Attachments: # 1 Exhibit, # 2 Proposed Order) Noting Date 11/17/2017, (Segal, Matthew) Modified on 10/24/2017: removed link to dkt. 8 per filer's request (SWT). (Entered: 10/23/2017)	RECAP
26	Oct. 23, 2017	MOTION to Seal, filed by Defendant City of Everett. (Attachments: # 1 Proposed Order) Noting Date 10/23/2017, (Segal, Matthew) (Entered: 10/23/2017)	RECAP
27	Oct. 23, 2017	NOTICE of Filing Notice of Filing SEALED CD Containing Video Recording in Paper or Physical Form (EXHIBIT J of Declaration of Matthew Segal, Dkt. # 32 ) with the Clerk's Office by Defendant City of Everett. re 26 Motion to Seal(Segal, Matthew) Modified on 10/24/2017 to indicate CD is filed under seal and to add link and text to related document (PM). (Entered: 10/23/2017)	RECAP
28	Oct. 23, 2017	RESPONSE, by Defendant City of Everett, to 8 MOTION for Preliminary Injunction, 26 MOTION to Seal, 25 MOTION to File Anonymous Declaration. Oral Argument Requested. (Attachments: # 1 Proposed Order)(Segal, Matthew) Modified on 10/24/2017: removed link to dkts. 25, 26 per filer's request (SWT). (Entered: 10/23/2017) 1 Proposed Order View on PACER	RECAP
29	Oct. 23, 2017	DECLARATION of James Collier filed by Defendant City of Everett re 8 MOTION for Preliminary Injunction (Segal, Matthew) (Entered: 10/23/2017)	RECAP
30	Oct. 23, 2017	DECLARATION of James DeRousse filed by Defendant City of Everett re 8 MOTION for Preliminary Injunction (Segal, Matthew) (Entered: 10/23/2017)	RECAP
31	Oct. 23, 2017	DECLARATION of Dr. Mary Anne Layden filed by Defendant City of Everett re 8 MOTION for Preliminary Injunction (Segal, Matthew) (Entered: 10/23/2017)	RECAP
32	Oct. 23, 2017	DECLARATION of Matthew J. Segal filed by Defendant City of Everett 8 MOTION for Preliminary Injunction, 25 MOTION to File Anonymous Declaration re 26 MOTION to Seal, (Attachments: # 1 Exhibit A - D, # 2 Exhibit E - Part 1, # 3 Exhibit E - Part 2, # 4 Exhibit E - Part 3, # 5 Exhibit F - J)(Segal, Matthew) Modified on 10/24/2017: removed link to dkts. 25, 26 per filer's request (SWT). (Entered: 10/23/2017)	RECAP
33	Oct. 23, 2017	RECEIPT of SEALED re CD Containing Video Recordings (Exhibit J) re: 32 Declaration, 27 Notice of Filing Paper or Physical Materials. (Placed on Clerk's sealed documents filing shelf) (PM) (Entered: 10/24/2017)	RECAP
	Oct. 24, 2017	NOTICE of Docket Text Modification re 27 Notice of Filing Paper or Physical Materials: indicated CD is filed UNDER SEAL and added text and link to related document, Declaration of Matthew Segal 32 . (PM)
	Oct. 24, 2017	NOTICE of Docket Text Modification re 28 Response to Motion, 32 Declaration, 25 MOTION to File Anonymous Declaration re 8 MOTION for Preliminary Injunction : Removed links per filer's request (SWT)
	Oct. 24, 2017	Notice of Docket Text Modification
34	Oct. 25, 2017	ORDER granting Defendant's unopposed 26 Motion to File Under Seal Exhibit J (Video) 33 of the Declaration of Michael Segal 32 . Signed by Judge Marsha J. Pechman. (PM)	RECAP
35	Oct. 30, 2017	ANSWER to 1 Complaint,,,, and Affirmative Defenses by City of Everett.(Segal, Matthew) (Entered: 10/30/2017)	RECAP
36	Nov. 3, 2017	REPLY, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska, TO RESPONSE to 8 MOTION for Preliminary Injunction (Newman, Derek) (Entered: 11/03/2017)	RECAP
37	Nov. 3, 2017	DECLARATION of Hannah S. Ard filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Newman, Derek) (Entered: 11/03/2017)	RECAP
38	Nov. 7, 2017	Joint MOTION for Protective Order, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. Noting Date 11/17/2017, (Scully, Keith) (Entered: 11/07/2017)	RECAP
39	Nov. 7, 2017	NOTICE of Intent to File Surreply re 37 Declaration, 36 Reply to Response to Motion ; filed by Defendant City of Everett. (Segal, Matthew) (Entered: 11/07/2017)	RECAP
40	Nov. 8, 2017	SURREPLY filed by Defendant City of Everett re 8 MOTION for Preliminary Injunction (Segal, Matthew) (Entered: 11/08/2017)	RECAP
41	Nov. 13, 2017	STIPULATED PROTECTIVE ORDER re parties' 38 Joint MOTION for Protective Order . Signed by Judge Marsha J. Pechman. (TH)	RECAP
42	Nov. 13, 2017	ORDER granting City of Everett's 25 Motion for Leave to File Anonymous Declaration. The City shall file the Declaration of Jane Doe in Support of the City's Opposition to Motion for Preliminary Injunction within five (5) days of this Order. Signed by Judge Marsha J. Pechman. (TH)	RECAP
43	Nov. 13, 2017	DECLARATION of Jane Doe filed by Defendant City of Everett re 8 MOTION for Preliminary Injunction (Segal, Matthew) (Entered: 11/13/2017)	RECAP
44	Nov. 13, 2017	MOTION for Reconsideration re 42 Order on Motion for Miscellaneous Relief,, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. (Attachments: # 1 Attachment 1, # 2 Proposed Order) Noting Date 11/13/2017, (Newman, Derek) (Entered: 11/13/2017)	RECAP
45	Nov. 14, 2017	ORDER granting Plaintiffs' 44 Motion for Reconsideration, signed by Judge Marsha J. Pechman. (SWT)	RECAP
46	Nov. 16, 2017	NOTICE of Hearing (changing time only) 8 MOTION for Preliminary Injunction : ORAL ARGUMENT/Motion Hearing set for 11/21/2017 at 11:00 AM in Courtroom 14206 before Judge Marsha J. Pechman.(RM) (Entered: 11/16/2017)	RECAP
	Nov. 16, 2017	Notice of Hearing on Motion
47	Nov. 17, 2017	REPLY, filed by Defendant City of Everett, TO RESPONSE to 25 MOTION to File Anonymous Declaration re 8 MOTION for Preliminary Injunction (Segal, Matthew) (Entered: 11/17/2017)	RECAP
48	Nov. 20, 2017	NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. All parties have consented to the video recording of the MOTION for Preliminary Injunction on 11/21/2017. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (RM) (Entered: 11/20/2017)	RECAP
	Nov. 20, 2017	Notice of Consent - No Consent re Video Recording
49	Nov. 21, 2017	NOTICE of Supplemental Authority re 47 Reply to Response to Motion by Defendant City of Everett (Segal, Matthew) (Entered: 11/21/2017)	RECAP
50	Nov. 21, 2017	MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Derek Newman, Jessica Newman, Jason Sykes; Def Counsel: Sarah Johnson, Jamie Lisagor, Sarah Washburn, Ramsey, Ramerman; CR: Andrea Ramirez; Preliminary Injunction Hearing held on 11/21/2017. Oral argument presented. Court will issue written order in ten days. (RM) (Entered: 11/21/2017)	RECAP
	Nov. 21, 2017	Preliminary/Permanent Injunction Hearing
51	Nov. 22, 2017	JOINT STATUS REPORT signed by all parties estimated Trial Days: 4. Filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska.(Scully, Keith) (Entered: 11/22/2017)	RECAP
52	Nov. 29, 2017	NOTICE of Appearance by attorney Rachel J Horvitz on behalf of Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. (Horvitz, Rachel) (Entered: 11/29/2017)	RECAP
53	Nov. 29, 2017	PROPOSED ORDER (Unsigned) Agreement Regarding Discovery of Electronically Stored Information (Horvitz, Rachel) (Entered: 11/29/2017)	RECAP
54	Dec. 4, 2017	ORDER granting Defendant's 25 MOTION for Leave to File Anonymous Declaration. The Court will consider the Declaration of Jane Doe 25 -1 at this stage in the proceedings only. Signed by Judge Marsha J. Pechman. (PM)	RECAP
55	Dec. 4, 2017	ORDER granting Plaintiffs' 8 Motion for Preliminary Injunction. Signed by Judge Marsha J. Pechman. (PM)	Clearinghouse
56	Dec. 5, 2017	ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 4 DAY Bench Trial is set for 10/22/2018 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 1/2/2018, Amended Pleadings due by 1/12/2018, Expert witness disclosure due 1/19/2018, Expert report due 2/23/2018, Rebuttal expert report due 3/30/2018, Motions due by 4/25/2018, Non-expert discovery cut-off is 5/4/2018, Expert discovery cut-off is 5/25/2018, Dispositive motions due by 6/25/2018, Motions in Limine due by 9/17/2018, Pretrial Order due by 10/10/2018, Trial briefs to be submitted by 10/10/2018, Proposed Findings of Fact and Conclusions of Law to be submitted by 10/10/2018, Pretrial Conference set for 10/12/2018 at 03:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 12/05/2017)	RECAP
57	Dec. 14, 2017	AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER signed by Judge Marsha J. Pechman. (PM)	RECAP
58	Dec. 22, 2017	NOTICE OF APPEAL to Ninth Circuit (17-36038) re 55 Order on Motion for Preliminary Injunction by Defendant City of Everett. Filing Fee $505, Receipt number 0981-5139860. (Lisagor, Jamie) Modified on 12/22/2017 to add CCA #(CDA). (Entered: 12/22/2017)	RECAP
59	Dec. 22, 2017	USCA Case Number 17-36038 for 58 Notice of Appeal filed by City of Everett. (CDA) (Entered: 12/22/2017)	RECAP
60	Jan. 4, 2018	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on 11/21/2017 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 4/4/2018, (AR) (Entered: 01/04/2018)	RECAP
61	Jan. 11, 2018	Joint Stipulated MOTION and Prop. Order Staying Proceedings Pending Appeal, filed by Defendant City of Everett. Noting Date 1/11/2018, (Segal, Matthew) (Entered: 01/11/2018)	RECAP
62	Jan. 12, 2018	MOTION for Leave to File First Amended Complaint, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 2/2/2018, (Scully, Keith) (Entered: 01/12/2018)	RECAP
63	Jan. 12, 2018	DECLARATION of Rachel Horvitz filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 62 MOTION for Leave to File First Amended Complaint (Scully, Keith) (Entered: 01/12/2018)	RECAP
64	Jan. 16, 2018	ORDER Staying Proceedings Pending Appeal re parties' 61 Stipulated Motion. It is hereby ORDERED that the above-captioned lawsuit, including all proceedings, applicable discovery and other deadlines, and the trial date, is stayed until resolution of the City's preliminary injunction appeal or upon earlier motion by either Party to re-commence the lawsuit. The Clerk of the Court is directed to strike any pending case deadlines. Signed by Judge Marsha J. Pechman. (TH)	RECAP
65	July 3, 2019	OPINION FROM USCA (17-36038) (NOT THE MANDATE) as to 58 Notice of Appeal filed by City of Everett. VACATED AND REMANDED.. (GT) (Entered: 07/03/2019)	RECAP
66	July 3, 2019	ORDER OF USCA (17-36038) as to 58 Notice of Appeal filed by City of Everett. (GT) (Entered: 07/03/2019)	RECAP
	July 8, 2019	Case Assigned/Reassigned to Judge
	July 8, 2019	Case Assigned/Reassigned
	July 8, 2019	Case Reassigned to Judge Ricardo S. Martinez. Judge Marsha J. Pechman no longer assigned to the case. All future filings shall bear the case number C17-1361 RSM. (PM)
67	July 17, 2019	ORDER OF USCA (17-36038) as to 58 Notice of Appeal filed by City of Everett. (CDA) (Entered: 07/17/2019)	RECAP
68	Sept. 6, 2019	ORDER OF USCA (17-36038) as to 58 Notice of Appeal filed by City of Everett. (GT) (Entered: 09/06/2019)	RECAP
69	Sept. 26, 2019	ORDER OF USCA (17-36038) as to 58 Notice of Appeal filed by City of Everett. Plaintiffs-Appellees motion to stay the mandate pending filing of a petition for writ of certiorari is GRANTED. (GT) (Entered: 09/26/2019)	RECAP
70	Dec. 19, 2019	ORDER OF USCA (17-36038) as to 58 Notice of Appeal filed by City of Everett. (GT) (Entered: 12/19/2019)	RECAP
71	Feb. 4, 2020	ORDER OF USCA (17-36038) as to 58 Notice of Appeal filed by City of Everett. (GT) (Entered: 02/04/2020)	RECAP
72	Oct. 19, 2020	STIPULATION AND PROPOSED ORDER REGARDING CASE SCHEDULE by parties (Sykes, Jason) (Entered: 10/19/2020)	RECAP
73	Oct. 20, 2020	ORDER re Parties' 72 Stipulation Regarding Case Schedule: On or before October 20, 2020, Plaintiffs will produce their expert reports and all supporting materials. On or before December 21, 2020, the City will produce its expert reports (including any rebuttal or reply to Plaintiffs' expert reports) and all supporting materials. On or before January 22, 2021, Plaintiffs will produce any expert reports they intend to rely on in rebuttal or reply to the City's expert reports and all supporting materials. The Court sets a dispositive motion noting date of March 12, 2021. Signed by Judge Ricardo S. Martinez. (MW)	RECAP
74	Feb. 18, 2021	MOTION for Summary Judgment, filed by Defendant City of Everett. (Attachments: # 1 Proposed Order) Noting Date 3/12/2021, (Segal, Matthew) (Entered: 02/18/2021)	RECAP
75	Feb. 18, 2021	DECLARATION of R. Ramerman filed by Defendant City of Everett re 74 MOTION for Summary Judgment (Segal, Matthew) (Entered: 02/18/2021)	RECAP
76	Feb. 18, 2021	MOTION for Partial Summary Judgment, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska. Oral Argument Requested. (Attachments: # 1 Exhibit Attachment 1 - The Lewd Conduct Ordinance, # 2 Exhibit Attachment 2 - The Dress Code Ordinance, # 3 Proposed Order) Noting Date 3/12/2021, (Newman, Derek) (Entered: 02/18/2021)	RECAP
77	Feb. 18, 2021	DECLARATION of Jason B. Sykes filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 76 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Newman, Derek) (Entered: 02/18/2021)	RECAP
78	March 8, 2021	RESPONSE, by Defendant City of Everett, to 76 MOTION for Partial Summary Judgment . (Segal, Matthew) (Entered: 03/08/2021)	RECAP
79	March 8, 2021	DECLARATION of Captain J. Irving filed by Defendant City of Everett re 76 MOTION for Partial Summary Judgment (Segal, Matthew) (Entered: 03/08/2021)	RECAP
80	March 8, 2021	DECLARATION of R. Ramerman filed by Defendant City of Everett re 76 MOTION for Partial Summary Judgment (Segal, Matthew) (Entered: 03/08/2021)	RECAP
81	March 8, 2021	PROPOSED ORDER (Unsigned) re 76 MOTION for Partial Summary Judgment (Segal, Matthew) (Entered: 03/08/2021)	RECAP
82	March 8, 2021	RESPONSE, by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska, to 74 MOTION for Summary Judgment . Oral Argument Requested. (Newman, Derek) (Entered: 03/08/2021)	RECAP
83	March 8, 2021	DECLARATION of Tomi-Ann Roberts filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 74 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1)(Newman, Derek) (Entered: 03/08/2021)	RECAP
84	March 8, 2021	DECLARATION of Jonn D. Keamy filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 74 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1)(Newman, Derek) (Entered: 03/08/2021)	RECAP
85	March 8, 2021	DECLARATION of Jason B. Sykes filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska re 74 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Newman, Derek) (Entered: 03/08/2021) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
86	March 12, 2021	REPLY, filed by Defendant City of Everett, TO RESPONSE to 76 MOTION for Partial Summary Judgment (Segal, Matthew) (Entered: 03/12/2021)	RECAP
87	March 12, 2021	REPLY, filed by Plaintiffs Natalie Bjerke, Jovanna Edge, Matteson Hernandez, Leah Humphrey, Amelia Powell, Liberty Ziska, TO RESPONSE to 76 MOTION for Partial Summary Judgment (Newman, Derek) (Entered: 03/12/2021)	RECAP

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Case Details

State / Territory:

Washington

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 11, 2017

Closing Date: May 16, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Eight bikini baristas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Everett

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Western District of Washington 2:17-cv-01361

U.S. Court of Appeals for the Ninth Circuit 17-36038

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $500,000

Issues

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation

Case Summary of Edge v. City of Everett, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/43835/ (last updated 12/2/2022).