Why Prosecutors Can’t Charge Baristas Who Bare It All

A cup of cocoa has opened up a whole new aspect of the local bikini barista debate.

KIRO 7 Eyewitness News morning anchor Chris Egert found that King County sheriff's deputies have pages and pages of reports documenting questionable activities at a Kenmore espresso stand, yet so far, not a single case has made it to court.

Best Friend Espresso in Kenmore sits on the corner of Northeast Bothell Way and 73rd Avenue Northeast and gives no indication it is a bikini barista stand. And the owner says that's all it is.

"I'm telling you, these girls are not doing anything illegal," said a man who identified himself only as "Wayne."

What Wayne didn't tell us is revealed in incident reports we obtained from the King County Sheriff's Office that date back to last year.

It is stuff too raunchy to put in this report. It is beyond the level of bikinis: private body parts put on display, all body parts, exposed to undercover deputies.

"At the face of this you'd say, 'Well, my gosh. There's indecent exposure, or perhaps even prostitution involved here.' But as we read the statute, and more importantly as the prosecutors read the statutes and the city ordinance in Kenmore, it does not appear that there has been any crime committed," said Sgt. John Urquhart of the King County Sheriff's Office.

Even though investigators saw women take off their clothes, expose their breasts, backsides and vaginas, it is not a violation of the law.

City of Kenmore prosecutors told deputies that what happened doesn't meet filing standards for indecent exposure or prostitution.

The King County Prosecutor's Office could, in theory, attempt to move forward with charges, but said that even if it wanted to, it doesn't have the resources to proceed.

What would it take to have charges filed? A victim -- someone who isn't a cop -- and who didn't want the show undercover investigators said was being offered at Best Friend Espresso.

Last November, when a family saw a nearly naked barista from St. Vincent DePaul next door, they called police. But they weren't willing to move forward with prosecutors.

And a man filed a report a few weeks ago, claiming to have simply come to the shop for a hot chocolate.

He told investigators -- and us by phone -- that he had no idea that the $20 he gave the barista signaled her to strip off her top, her bottom and start touching herself.

He left, and later contacted investigators. But he has also decided not to cooperate with prosecutors because he doesn't want his name associated with Best Friend Espresso.

"If there's something illegal going on down here, then come down and arrest their ass," said Wayne.

Wayne said he's ordered the girls to put more clothes on until things die down a bit.

And it seems for now, drinks will continue to flow at Best Friend Espresso.

It remains to be seen if anything else will be taken off the menu.