The case originally went to court in 2013 with the waitresses arguing that the casino viewed them predominantly as sex objects, Time reports. The court's ruling does allow 11 of the 21 waitresses in the lawsuit to pursue their cases regarding how those rules are enforced. The New Jersey state appeals court ruled on Thursday that the casino's appearance standards for the so called 'Borgata Babes' are legal and may be strictly enforced, according to the Press of Atlantic City. Weight discrimination policies for cocktail waitresses are alive and well at the Borgata Hotel Casino & Spa in Atlantic City.