Locker

In this proceeding we hold that the Department of Alcoholic Beverage Control (hereafter respondent) may constitutionally prohibit its licensees from employing or using bare-breasted (“topless”) waitresses on premises where liquor is sold.

Petitioners Joyce T. Locker, Elmer O. Locker and William C. Coleman are licensees of respondent and employ topless waitresses; petitioner Candy Genevieve Harmon alleges that she is a “topless” waitress employed by petitioners Locker. Petitioners challenge the validity of rule 143.2, promulgated by respondent, asserting that it violates rights guaranteed to them by the First and Fourteenth Amendments, and deprives them of a valuable business license.

We previously issued an alternative writ of mandate in response to the petitions. Since we disagree with petitioners’ contentions we now discharge the alternative writ and deny the petitions.

Petitioners’ first argument is premised on the .faulty conclusion that when a topless female waits on tables in an establishment which serves liquor she is engaged in “communicating” ideas and impressions which are entitled to First Amendment protection. While the argument is subdivided into various…