United States Ninth Circuit

Vacated and remanded preliminary injunction against enforcement of Defendant’s dress code ordinance. Plaintiffs are the owner of a bikini barista stand. The appeals court held that Plaintiffs did not show likelihood of success of Fourteenth Amendment, vagueness doctrine, and First Amendment, free speech, violations and concluded that the vagueness doctrine did not warrant an injunction prohibiting the enforcement of the dress code ordinance, nor did the wearing of almost no clothing demonstrate an intended message of empowerment likely to be understood.

Appellate Information

• Published 2019/07/03

Judges

• Christen

Court

• United States Ninth Circuit

Counsel