Mexican-themed establishment faces $4,000 fine for allegedly violating dress code standards

A Mexican-themed sports cantina, Ojos Locos, located in Downey, California, is taking a stand against a $4,000 fine imposed by city authorities for allegedly violating the local dress code. The restaurant, known for its lively atmosphere and staff uniforms, has asserted that the city-wide dress code is both “unenforceable and unlawful.”

The controversy stems from a city-wide dress code implemented in March 2022, shortly before Ojos Locos opened its Downey branch. The dress code, designed to address concerns from residents, specifies that food handlers must wear clothing covering at least three inches below the buttocks. Additionally, it prohibits food servers from exposing any part of their chest three inches below the collarbone or any midriff.

Downey Mayor at the time, Blanca Pacheco, highlighted the city’s commitment to addressing residents’ concerns and proposed amendments to the Downey Municipal Code during a City Council meeting. The code was subsequently passed to regulate employee dress standards in restaurants and bars.

Current Downey Mayor Mario Trujillo acknowledged that the restaurant initially agreed to adhere to the city’s dress code but suggested there might have been a misunderstanding about the specific details. Despite the restaurant’s assurances, complaints have been lodged against its uniform, leading to the hefty fine.

In response, General Counsel Dawn Diaz, representing Ojos Locos, challenged the dress code’s enforceability and legality. Diaz asserted, “We are requesting that the city not target and discriminate against the female gender that we hire as Chicas, immediately refund all fees paid, and revoke said ordinance.” The restaurant contends that its uniforms, consisting of skorts and T-shirts, align with the establishment’s theme and are legal and appropriate.

Ojos Locos expressed confidence in winning its appeal and anticipates reimbursement for the fines imposed, maintaining that the penalties were unwarranted