Auburn’s most controversial baristas can keep doing their thing as long as they cover their breasts from the areola on down.

In a letter sent out last week to the stand’s owner, Auburn Mayor Pete Lewis let the women of Cowgirls Espresso at 1216 A St. S.E., that the City of Auburn will be watching. And if customers get more of an eyeful than the law allows, the city is ready with penalties.

“It is a statement of law that is already found in our statutes, but it makes a clear statement of what we find as acceptable behavior under our ordinances,” Lewis said. “I have already sent Continued from page 1 copies to the pastors in town as well, with a very favorable response.”

Owner Lori Bowden introduced Cowgirls, the espresso stand painted like a jersey cow, six years ago in Seattle. She staffed it with baristas who serve coffee with a smile and sometimes scanty clothing. The Auburn stand opened in April in the former Perkys to instant controversy.

Residents have waited since then to see what the city would do.

City officials soon found out there was little they could do; according to state law, if the attire is acceptable at a beach, it must be acceptable elsewhere.

The city attorney’s office, looking for a rule that would stand up in court if challenged, investigated what steps other cities had taken in like cases and case law. And the clearest was the standard given above.

As Lewis wrote, while the City of Auburn “recognizes and supports the constitutional right to act within the bounds of acceptable and constitutionally-protected conduct,” it cannot simply ignore wrong or illegal conduct. City ordinances, like those of other cities, he continued, prohibit public exposure of certain body parts, including any part of the female breast below the top of the dark ring around the nipple.

“We expect that your baristas will be properly attired in conformity with state law and in conformity with ordinances … If, however, your baristas violate the law, the city will take appropriate action,” Lewis wrote.

City Attorney Dan Heid said the city could take two approaches to prosecuting violations of the standard. It could decide to pursue it as a violation of the adult entertainment ordinance –  a zoning issue – which would constitute a civil infraction punishable with a $500 fine.

Should the city should pursue the violation under the indecent exposure statute it has adopted from the state, that could constitute a misdemeanor, punishable by a $1,000 fine and up to 90 days in jail. And should a person 13 years of age or under see what they shouldn’t see, the violation would constitute a gross misdemeanor punishable by up to one year in jail and a possible $5,000 fine.

“It depends on which violation we are pursuing, or against whom,” Heid said. “The easy answer is that if the barista is engaging in conduct that violates the adult entertainment statute, that could implicate the owner of the establishment as well if the establishment does not meet the zoning parameters governing use of the facility for adult entertainment.”

“… Suppose a barista is inappropriately clothed and is then within close proximity to customers, as would be the case if they are exchanging money. That would be another problem, as adult entertainment requires a 4-foot setback, meaning, for example that dancers have to be 4 feet away from their patrons. Violation might also involve conduct by the barista.”

Heid said his goal was to sure the direction the city is going is consistent with ordinances and that its position is defensible if it ever gets to court.

Sara Byers, a 32-year-old mother of six, brought her own complaint to the council within days of the stand’s opening. She noted that the stand is only three blocks from Terminal Park Elementary School, where her 11-year-old son is a student.

Byers appreciated the city’s new approach.

“I think this is better, more clearly defined and not so vague, meaning in our WACs or RWCs or city ordinances that we are then going to help keep the First Amendment alive and still keep the children and community at a safer level,” Byers said.

Robert Whale can be reached at 253-83-0218, ext. 5052 or rwhale@reporternewspapers.com