A thong is wrong under amended city ordinance

YAKIMA, Wash. -- Responding to the proliferation of sexpresso coffee stands, the Yakima City Council approved minor changes to the city's indecent exposure ordinance Tuesday night.

The changes prohibit see-through apparel and G-strings in public. The revised ordinance also defines something known in legal parlance as "cleavage of the buttocks."

Revisions to the city's indecent exposure law were more limited than those sought by Mayor Dave Edler, who sought a regulatory crackdown under the city's new Adult Business ordinance.

Edler, a pastor, raised concerns last month about the number of coffee stands featuring scantily clad baristas. In less than a year, three such stands have opened for business in Yakima, including one downtown Yakima Avenue. A fourth is in Union Gap.

The council voted 5-2 to amend the indecent exposure ordinance after the city's legal staff warned that attempting to place coffee stands under the adult business ordinance would lead to a constitutional challenge. The adult business ordinance applies mainly to businesses that sell pornographic videos and sexual devices.

The amended indecent exposure ordinance clarifies what kind of clothing is allowed in public. Anyone wearing see-through apparel or a thong or G-string -- regardless of whether they are working at a coffee stand -- could be prosecuted.

A violation is a misdemeanor, subject to 90 days in jail and a $1,000 fine. If a person exposes themselves to a child under 14 years old, the violation becomes a gross misdemeanor, which is punishable by up to a year in jail and a $5,000 fine.

Edler has come under some heat from citizens about his sudden interest in the clothing women are wearing at local coffee stands, with some arguing that he ought to be focusing his political energy on other local issues.

In a statement to the council, the mayor defended his opposition to such businesses, which he accused of contributing to sex crimes against women.

"If you want to create an environment where crime can happen," Edler said, "you turn a blind eye to adult businesses. And that's why this is important to me."

Council members Kathy Coffey and Rick Ensey voted against the changes, with Coffey suggesting that amending the indecent exposure code was an empty gesture.

Said Coffey to Edler, "This isn't going to achieve what you want to achieve."

* Chris Bristol can be reached at 577-7748 or at cbristol@yakimaherald.com.