Supreme Court Report

Supreme Court of the United States · Official docket →

Jovanna Edge, et al. v. City of Everett, Washington

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-36038 · judgment July 3, 2019


Certiorari denied · March 9, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The petitioners are women who serve coffee at drive-thru stands in Everett, Washington. These baristas express themselves by wearing revealing outfits that intentionally diverge from societal workplace-attire norms. Through their mode of dress, the baristas communicate messages including female empowerment, freedom of expression, and body confidence. The City of Everett passed a dress-code ordinance targeting the baristas and their expressive conduct. In upholding the dress code, the court of appeals held that the First Amendment does not protect the baristas’ expression because they “fail[ed] to show a great likelihood that their intended message will be understood by those who receive it.” In so holding, the Ninth Circuit deepened an unmistakable split among the courts of appeals over what triggers First Amendment protection for expressive conduct. In denying First Amendment protection, the Ninth Circuit also held that the commercial setting in which the baristas’ expression occurred “makes the difference.” The questions presented are:

  1. Whether First Amendment protection extends to expressive conduct only when there is a “great likelihood” that an intended particularized message will be understood by those who view it.

  2. Whether the commercial setting of expressive conduct diminishes the First Amendment protection available to the speaker.

Counsel of record

For petitioner
Derek Alan Newman
Newman Du Wors LLP

For respondent
Matthew J. Segal
Pacifica Law Group LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A597

Proceedings

  1. Mar 09 2020
    Petition DENIED.
  2. Feb 19 2020
    DISTRIBUTED for Conference of 3/6/2020.
  3. Feb 13 2020
    Waiver of right of respondent City of Everett to respond filed.
  4. Feb 03 2020
    Petition for a writ of certiorari filed. (Response due March 5, 2020)
  5. Nov 27 2019
    Application (19A597) granted by Justice Kagan extending the time to file until February 3, 2020.
  6. Nov 25 2019
    Application (19A597) to extend the time to file a petition for a writ of certiorari from December 5, 2019 to February 3, 2020, submitted to Justice Kagan.