City Council rekindles bikini barista debate

POSTED ON Wednesday, January 13, 2010 AT 10:32PM

City Council rekindles bikini barista debate

Recent investigation of lingerie coffee stands forces city of Yakima to examine its policy
by Chris Bristol
Yakima Herald-Republic

Buy YHR Photos

3 photos

View the gallery

Dave Ettl

Links

E-mail

Comments

More 'Local'

Emailed

Commented

More Stories: Today's News | This Week

YAKIMA, Wash. -- The Yakima City Council may be poised to consider stricter regulations for so-called bikini coffee stands after police said they saw scantily clad baristas serving up more than an extra shot or two with lattes and mochas.

Police reports obtained by the Yakima Herald-Republic reveal that last week's indecent exposure citations at the Dreamgirls coffee stand on Yakima Avenue was actually part of a larger undercover sting involving several other "lingerie" coffee stands that have popped up around town in the past year and a half.

No laws were being broken, but officers said a "booty shake" known as a Five Dollar Holler was offered at one stand on South First Street, while another on Washington Avenue has pole dancing similar to what is found in strip clubs.

Several City Council members said they were troubled by the reports and want the council to reconsider beefing up the city's new adult business ordinance.

"I just think it's wrong, and if there's something we can do, I'd love to readdress it," Councilwoman Maureen Adkison said.

Also annoyed was Council-man Dave Edler, who as mayor last year led an unsuccessful effort to bring bikini coffee stands under the adult business ordinance -- a move recently adopted by both city of Everett and Snohomish County.

"I continue to have concerns about the image of our community," Edler said. "Communities everywhere have tried to regulate adult businesses for a reason."

However, not everyone on the council agrees with the concerns expressed by Adkison and Edler.

Several said they have competing concerns about interfering with the private sector and believe the city has bigger problems to worry about.

"When this went around last time, I received a tremendous amount of input saying leave it alone," Councilwoman Kathy Coffey said.

Councilmen Rick Ensey and Bill Lover said they view the matter as more of a health-code issue and are not interested in revisiting the subject.

"I hope our police are concentrating more on street prostitution," Lover said.

"I just don't see it going anywhere," added Ensey. "It's not that big a deal."

But Mayor Micah Cawley and newly elected Councilman Dave Ettl said they were inclined to side with Adkison and Edler.

Cawley doubted the need for a new ordinance, but agreed that "maybe further action needs to be taken."

"There's a difference between serving coffee in skimpy clothing and serving coffee along with, um ... other services," he said.

"Certainly it raises a red flag," added Ettl, who wondered out loud, "At what point is a coffee business something else?"

Undercover investigation

Last month, police launched an undercover investigation into activities at bikini coffee stands in response to citizen complaints.

On Dec. 5, according to the reports, a barista at Moulin Brew, 2412 S. First St., performed a free bent-at-the-waist "booty shake" for an undercover officer that was described as a sample of something called a Five Dollar Holler.

Police said later that same day, a barista at the Deja Brew coffee stand, 315 W. Washington Ave., performed a free pole dance. Police said they were told the service normally would cost $5.

Neither action appeared to violate city ordinances and the baristas' clothing did not run afoul of the city's indecency ordinance, police said.

In fact, the officer who witnessed the pole dance described it as "not lewd" -- the barista performed only a single twirl around the pole -- and said no other "services" were offered.

Meanwhile, officers noted that a Dreamgirls barista at 10 W. Yakima Ave. "proudly" told an undercover officer that her stand does not do Five Dollar Hollers or provide any other service other than coffee.

During the investigation, a Dreamgirls barista was seen in a G-string, but officers said the barista they spoke to on a follow-up visit was dressed in less-revealing attire described in reports as a "naughty Santa" outfit.

Police said a fourth Yakima bikini coffee stand known as Brewlesque, 326 N. First St., was not open the day they conducted their sting. Brewlesque was the city's first "sexpresso" stand when it opened in the summer of 2008.

In the aftermath of the undercover operation, police sent warning letters via certified mail to the owners of the coffee stands reminding them of the city's updated indecent exposure ordinance.

The City Council updated the ordinance last summer after Edler complained about the proliferation of coffee stands in Yakima and across the Northwest featuring scantily clad baristas.

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

Acting on rumors of Thong Wednesday at Dreamgirls, two uniformed officers cited a Dreamgirls barista on Jan. 6 for wearing a G-string.

Police said the barista told them her outfits, including the G-string, were provided by Dreamgirls owner Cheryl Clark. According to the police reports, photographs on the exterior of the stand showed other baristas wearing G-strings as well.

Clark also received a citation for indecent exposure, which is a misdemeanor subject to up to 90 days in jail and a fine of up to $1,000. Both she and her employee pleaded not guilty in Municipal Court last Friday.

In their reports, one officer described Clark as "somewhat argumentative" and said she asked the officers to cite only her and not her employee.

"(Clark) was very upset, saying she (the barista) was not naked and therefore should not be cited," Officer Erik Horbatko wrote.

Clark has not returned several calls seeking comment on the allegations. Neither did the owners of Moulin Brew, Kevin and Jody Green. A contact number for Deja Brew owner Juanita Sanchez was not immediately available.

A statewide issue

The proliferation of so-called sexpresso stands is not unique to Yakima, where there are four such establishments, plus one in Union Gap.

Except for the single allegation of indecent exposure, there are no allegations of illegal behavior at the Yakima stands. However, critics point to Everett, where police last September busted five employees of Grab-n-Go Espresso on prostitution charges.

The allegations include claims the baristas exposed themselves, licked whipped cream off one another and posed naked for pictures.

In response, the Everett City Council recently passed an ordinance classifying bikini coffee bars as adult businesses. The measure requires the coffee stands to be licensed as adult entertainment if the coffee servers are partly nude. Employees and customers have to be at least 18.

On Monday, Snohomish County added bikini coffee stands to the list of businesses it regulates as adult entertainment and tightened the county's lewd conduct law.

Pam James, a staff attorney for the Municipal Research and Services Center in Seattle, said bikini coffee stands appear to be a Northwest phenomena and that public officials across the region are looking for regulatory direction.

She supported the recent steps taken in Snohomish County and said dancing by scantily clad baristas "clearly crosses the line" into the realm of adult entertainment.

"Even though it's offensive, it's good news for (Yakima) because that means they can start to regulate," she said.

Sounding a more cautious note was Yakima Assistant City Attorney Cynthia Martinez, who clarified earlier comments about men being caught masturbating in the parking lot near some of the businesses. She said the problem is endemic to all coffee stands where women work, not just bikini coffee stands.

Martinez said city officials are "monitoring" reports of beyond-coffee activities and also are aware of the recent steps taken in Snohomish County.

"If the City Council is interested in exploring that ordinance, then that's what I'll do," she said, describing the Snohomish County ordinance as "viable."

* Chris Bristol can be reached at 509-577-7748 or cbristol@yakimaherald.com.

Posted by Difranco at 01/14/10 07:44AM Post ID#: #23524

Um... should this really be a concern for government? Let's see nobody is forced to work there, nobody is forced frequent those establishments... so as far as I can tell nobody's person or property were violated.

Yet everyday that I ready this paper there is another stabbing, shooting, or burglary. Yet the city sends "detectives" out to find "crimes" where nobody was injured or had their rights violated.

I am sure the "Detectives" must love this kind of "work" because it's low risk, they get cheap thrills, and get to drink their coffee. These baristas aren't going to run or fight back like the real criminals out there shooting, stabbing and robbing from people.

And for the nannies out there complaining about women that are scantily dressed. Just because you find it immoral does not mean there should be a "law".

City Council rekindles bikini barista debate

More 'Local'

Top Read

Emailed

Commented