Slog

News & Arts

The Stranger Suggests

Critics' Best Bets
Music Arts & Food


Line Out

Music & the City
at Night

Thursday, February 11, 2010

Grab-n-Go Baristas Fight Prostitution Charges

Posted by on Thu, Feb 11, 2010 at 3:34 PM

The five baristas charged with prostitution for their work at Grab n Go Espresso all have hearings scheduled at Everett Municipal court today. At least three of the women are fighting the charges of prostitution (one woman didn't show up for her hearing, and now a warrant has been issued for her arrest, according to a lawyer at the hearing).

"I’m scouring to find a case—ever, in the history of the United States—like this one that proves prostitution, and I can’t because it’s a stretch,” said Attorney Brian Sullivan, who is representing one of the baristas, Kristina Evenson.

Undercover Everett police officers patronized the drive-through coffee stand in Snohomish County over a period of two months last summer. To build their case, police snapped over a dozen photos of the women showing their breasts and genitalia—turning the women into unwilling porn stars when a public records request made the images public. (You can see the NSFW pictures here.)

“It’s really a matter of what’s an appropriate response in light of what the complaints are," Sullivan said of the city's actions. "Is throwing money at a girl’s bra a sex act? I don’t think it is.” The women all face similar charges despite engaging in a range of different behaviors.

In addition to prostitution, the city prosecutor charged the women with failing to be properly licensed as adult entertainers and failing to adhere to standards of conduct at public places of adult entertainment ("exposing a portion of the female pubic region or buttocks or breasts below the top of the areola... which was visible at the time to the public," according to the criminal complaint filed in Everett Municipal Court).

I caught three of the hearings this morning, in a low-ceilinged courtroom packed with defendants and attorneys from an assortment of cases, all making small talk with one-another and a handful of reporters while waiting for their turn before the judge. The presiding judge looked like a retired walrus.

“I don’t want to fucking be on the news,” one defendant said as she walked into the courtroom and saw a news camera.

Defendant Dana Fitzpatrick, hung back in the crowd, near the door, wearing jeans with horseshoe decals on the pockets and pink platform pumps, nervously twisting her hair and avoiding eye contact while her lawyer, Brian Ashbach, asked the judge for a bench trial in early March (a judge-only trial at which time they would hopefully reach an agreement with the city).

Shortly after Fitzpatrick's attorney spoke to the judge, Sullivan stepped up and asked for motions to dismiss his client’s charges—arguing what she did wasn’t a sex act—and set another confirmation hearing for late March. Evenson was a slight woman in a black suit, her hair carefully curled, who hovered near the door of the courtroom as if waiting for her chance to escape.

“She’s not pleading to anything,” Sullivan told me after the hearing. The city of Everett has charged all five girls with prostitution even though there was no sex, no offers for sex, and no physical contact between the women and customers.

But this case isn't entirely about prosecuting these women. A source close to the case says the city is laying pressure on the women as leverage to testify against Bill Wheeler, owner of four Grab n Go Espresso stands in Snohomish County. The city made an offer to each woman: In lieu of pleading guilty to her charges and facing 30 days in jail and an HIV test (the HIV mandate was later dropped, assumedly because it was insulting and ridiculous), she could fully cooperate with the police investigations and incur a 24-month stay—meaning that after 24 months of good behavior, all charges would be dismissed—that is, unless they received further criminal law violations or refused to testify against Wheeler.

Leloni Michelle Bailey, another defendant, also refused to plead guilty to the charges against her or cooperate with the city. Her case is set for trial in March.
The city is definitely coming down hard on the women. Prostitution charges are usually accompanied by one or two days in jail, not 30, sources close to the case say.

I asked Ashbach his thoughts on the released photographs of the women—photographs that essentially turned risqué baristas into unwilling life-long porn stars (Here are the never-to-disappear from the internet, totally NSFW!!!! pictures and the city of Everett into a producer of smut.

Ashbach, who fought against the photos’ release, says the decision to release them probably followed case law accurately, but didn’t account for the women’s individual rights. “The problem is the Washington public records act is so expansive, it doesn’t take into consideration when individual rights and privacy can be damaged—perhaps irreparably,” he says. “The city trading in nudity is upsetting, and the idea that anyone can look these photos up forever, online, is upsetting.”

 

Comments (38) RSS

Oldest First Unregistered On Registered On Add a comment
1
I really hope these women sue the city of Everett.
Posted by Qaraghandy on February 11, 2010 at 3:37 PM
Queen of Sleaze 2
I believe paragraph 10 should read "there was NO sex, no offers of sex,..." :)
Posted by Queen of Sleaze on February 11, 2010 at 3:43 PM
Cienna Madrid 3
Thanks Queen! Got it!
Posted by Cienna Madrid on February 11, 2010 at 3:45 PM
seandr 4
When a prosecutor uses bullshit trumped-up charges against people as "leverage" or to "set an example" in the interest of some broader political or legal agenda, they should fired and charged with abuse of power.

Or better yet, charge them with treason or attempted murder, ya know, to set an example for all the other would-be petty tyrants.
Posted by seandr on February 11, 2010 at 3:50 PM
5
these women were showing their bodies, licking each other's vagina's and shoving their vagina's in to the faces of the paying customers...PAYING CUSTOMERS. They are strippers. The charge for not registering as adult entertainers should stand, but prostitution? I don't think so.

Either way, these girls are stupid. For one, they should have never let anyone take pictures of them doing these things and secondly as an ex-barista I gotta say...girls, you can make a lot more money working at a strip club doing the exact same thing and you won't even burn your vag on the hot water for the americano's...amirite? baristas holla!

yeah...
Posted by stuffandthings on February 11, 2010 at 3:52 PM
6
Any charges for the douchebag who was running a de facto strip club without a license?
Posted by keshmeshi on February 11, 2010 at 4:00 PM
sirkowski 7
Should the cops have to prove they didn't have an erection while doing their surveillance job? Otherwise they might have enjoyed the product of criminality. You don't ask a cop to sniff a line of coke to check if it's real, right?
Posted by sirkowski http://www.missdynamite.com on February 11, 2010 at 4:04 PM
Will in Seattle 8
So, basically, some guy paid her money to take off her clothes and she gave him a chocolate mocha and undressed.

Is this different from Valentine's Day gifts?

(ducks)
Posted by Will in Seattle http://www.facebook.com/WillSeattle on February 11, 2010 at 4:05 PM
Will in Seattle 9
@6 ftw that we all missed.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on February 11, 2010 at 4:06 PM
Fifty-Two-Eighty 10
Prostitution? No. But if those photos are any indication, yeah, they broke a whole shitpile of laws.
Posted by Fifty-Two-Eighty http://www.nra.org on February 11, 2010 at 4:07 PM
merry 11
Unwilling porn stars? You mean, somebody FORCED those poor girls to work at that coffee stand? They were MADE to go to work each day and strip for money? On pain of death or beatings or... something? Huh?

@10 has it exactly right. It wasn't quite prostitution but it was definitely illegal. And, @6 has a great point (actually we didn't ALL miss it, Will).

Posted by merry on February 11, 2010 at 4:15 PM
Will in Seattle 12
I only do a win when there should be one and nobody has given it out yet. The naming indicates why (and the "we" sometimes refers to the Media ...)
Posted by Will in Seattle http://www.facebook.com/WillSeattle on February 11, 2010 at 4:18 PM
Lurleen 13
As I recall, the Snohomish County Council changed their laws *after* these women were arrested to define what they were doing as "adult entertainment". Perhaps Everett already had more stringent laws, but it does look a lot like local law enforcement trying to make a big show. Perhaps they're hoping to "nip in the bud" the establishment of future such businesses. Family Policy Institute of Washington/Youth Revolution's Russell Johnson was involved in the earlier outcry, so it wouldn't surprise me if the city has some extra special pressure from the tight sphincter crowd that momentarily have no Gay Agenda to harp about.
Posted by Lurleen on February 11, 2010 at 4:24 PM
Loveschild 14
They better sue, the charges are plain dumb. Plus they can't pick and choose between what's right and wrong, it's too late for that, the cat's been out of the bag far too long now. Anything else comes off as prejudice against these women.
Posted by Loveschild http://www.samaritanspurse.org/index.php/articles/responding_to_haiti_earthquake/ on February 11, 2010 at 4:26 PM
MLP 15
And "unwilling porn stars" is a bunch of crap. WTF else were those guys going to do with all the photos and video they were taking? Stupid.
Posted by MLP on February 11, 2010 at 4:28 PM
16
I agree with #5. Looks like a drive thru strip club to me. Buy an overpriced drink and see the girls. Tip and see more.
Posted by penny lane on February 11, 2010 at 4:43 PM
17
Keshmeshi, Will, did you read the last bit of the article? "A source close to the case says the city is laying pressure on the women as leverage to testify against Bill Wheeler, owner of four Grab n Go Espresso stands in Snohomish County." They ARE working towards charges for the douchebag who was running a de facto strip club without a license, and that's why they`re going after these women so aggressively.

And 11, 15, "unwilling porn stars" sounds accurate to me. These women agreed to take off their clothes and have their pictures taken by random customers, which certainly carries a risk of having those photos turn up online at some point. But there are billions of nudie photos on the internets and the odds of these photos turning up and being traced back to these women and seen by all their friends and neighbors are relatively slim. Having the photos released by the government in connection with a legal battle that's getting a lot of local media attention means that the photos are now being seen by everyone in their community, with their names and identities attached. It`s not an anonymous vulva, it's a picture of Leloni Michelle Bailey or Dana Fitzpatrick or whoever`s vulva, and that`s a lot more intrusive than what these women thought they were signing up for.
Posted by ridia on February 11, 2010 at 4:49 PM
Jeremy from Seattle 18
Subpoena the cop's personal computers. I wanna see all the pics.
Posted by Jeremy from Seattle http://www.x-dezyn.com on February 11, 2010 at 4:52 PM
19
When you do something in a public place and allow it to be photographed, you don't get to snivel when it shows up on the Internet. Ignorance and a complete lack of common sense don't confer special rights. Keep it behind closed doors if you want privacy.
Posted by K3 on February 11, 2010 at 5:13 PM
merry 20
@ 17 - "Having the photos released by the government in connection with a legal battle that's getting a lot of local media attention means that the photos are now being seen by everyone in their community, with their names and identities attached."

Boo Fuckin' Hoo! I'm sorry but I just can't seem to summon up a misty-eyed response for these poor little vag-lickin' espresso ho's. I pity their stupidity (which is proportional to their youth), but that's about it. How could you do the things these girls did, in public, for pay, in front of men with cameras, and then turn around and claim you're being victimized because you didn't think anyone would see the pictures?? Come on...

Posted by merry on February 11, 2010 at 5:14 PM
Rotten666 21
I should sue for having my eyeball subjected to those nasty pics.

That was not a pretty beaver.
Posted by Rotten666 on February 11, 2010 at 5:23 PM
TVDinner 22
That's right, denigrate the pretty girls for making you feel all tingly in the swimsuit area. That'll make it all better.
Posted by TVDinner http:// on February 11, 2010 at 5:31 PM
seandr 23
Who says these girls knew they were being photographed? This was a police sting.
Posted by seandr on February 11, 2010 at 5:32 PM
Lurleen 24
Why is everyone calling these women "girls"? Are you calling the men who snapped the pics "policeboys"?
Posted by Lurleen on February 11, 2010 at 5:45 PM
Rotten666 25
@22 Pretty girls? Did you see the pics?
Posted by Rotten666 on February 11, 2010 at 5:45 PM
26
Ugly beaver indeed. They should be charged for being skank.
Posted by Asian1981 on February 11, 2010 at 5:48 PM
bella 27
"(the HIV mandate was later dropped, assumedly because it was insulting and ridiculous)"

I am assuming that by "assumedly" you meant assumably.
Sorry. I couldn't get it out of my head for the whole article, sadly.
Posted by bella http://twitter.com/littlewords on February 11, 2010 at 6:49 PM
piojin 28
Thank you, Lurleen.
@20- Have you NO idea what it's like to be a woman in this society? Shit, if you are a woman, you're dumb as fuck. Our self worth is built up by men and the standards they place on us.

For you to fail to see the complexities in this particular scenario is disgusting. As is the way you refer to these women--"Vag-lickin' espresso ho's"? Really, dude?
Posted by piojin on February 11, 2010 at 7:01 PM
29
"Have you NO idea what it's like to be a woman in this society?"

Here in Seattle we like our titties and lattes; the problem at this stand is the girls were really pretty skanky and should not have been allowed to touch anything without getting shots.

I can't help it if you're a fugly feminist, maybe if Seattle womyn weren't so god damn ugly they wouldn't find the need to be such angry feminists? I've never met an attractive feminist that's for sure.
Posted by Asian1981 on February 11, 2010 at 7:23 PM
elenchos 30
I imagine when this becomes known, thousands of women who flash their twats and lick each other in front of windows for money are going to wake up and realize that men today carry all sorts of tiny cameras in their phones and other gizmos and that it all is wired up to the "Inter-Nets" as they call it. Some sort of network of networks that never sleeps and never forgets.

And that means they too, could become UNWILLING pr0n stars! Like NOW they're not just women who flash and lick for money in front of windows where men in cars watch -- now these pictures are transforming them into some kind of "sex workers"! Bet they never saw that coming.

Time magazine should write a cover story about these computers and telephonic cameras and Inter-Nets. It's changing things, says I.
Posted by elenchos on February 11, 2010 at 7:48 PM
rob! 31
I guess it's safe to assume that none of these women could pull a decent shot.
Posted by rob! http://www.youtube.com/watch?v=QZBdUceCL5U on February 11, 2010 at 8:07 PM
32
" it's safe to assume that none of these women could pull a decent shot."

Maybe not into a shot glass, but into their mouths, I'm sure they had plenty of experience.
Posted by That's some Nasty Twat on February 11, 2010 at 8:10 PM
33
@28: That's why this whole situation is so disgusting. The city of Everett is coming down way too hard but it's hard to feel much sympathy for the women involved either. Licking pussy in public for tips is exactly the kind of behavior that reinforces the objectification of women. Pretending to be shocked that public displays attract public attention and backlash doesn't help.

If these women were acting with pride and self-possession, and perhaps a bit of respect for everyone who doesn't want to share in the male-driven fantasies they're enacting, I think I would feel differently.
Posted by K3 on February 11, 2010 at 8:13 PM
piojin 34
@33- I completely agree. What I'm just trying to get at is that not all women possess the ability to act with pride and self-possession because they've never been respected by others and therefor lack the ability to respect themselves. I mean just look at some of the other comments and how their 2 cents are in regards to how hot the women were to begin with.

and...@29- If by fugly feminist you mean short-haired, brown-skinned dyke, then ya, that's me. But I'm pretty cool with it even though a lot of folks (such as yourself) would have me think otherwise.
Posted by piojin on February 12, 2010 at 1:30 AM
seandr 35
@33 - "Licking pussy in public for tips is exactly the kind of behavior that reinforces the objectification of women."

Ah, the "objectification" trope. That phrase doesn't actually mean anything, but apparently it still provides a feminist cover for a sex negative attitude.

@34 - "act with pride and self-possession"

So strippers are by definition lacking in pride and self-possession? OK, whatever you say, judge.
Posted by seandr on February 12, 2010 at 8:48 AM
36
"act with pride and self-possession"

Apparently that means having a stick up your ass, and not being capable of self-depreciation.
Posted by Asian1981 on February 12, 2010 at 11:42 AM
piojin 37
@35- That should have been written in quotations...I'm not judging these women any more/less than I would the patrons of that establishment.
Posted by piojin on February 12, 2010 at 1:25 PM
38
@19 Wow, even in a progressive, creative, relatively well-educated city like Seattle, people STILL assume that one must be ugly to be a feminist? Radicalism does not predicate anything. However, making generalizations about whole ranges of people DOES kind of require you to be some kind of idiot.
Posted by TMK on February 15, 2010 at 2:41 PM

Add a comment

Advertisement
 

All contents © Index Newspapers, LLC
1535 11th Ave (Third Floor), Seattle, WA 98122
Contact Info | Privacy Policy | Terms of Use | Takedown Policy