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MOUNT CLEMENS, Mich., Aug. 26 (UPI) -- Two former Hooters waitresses who allege they were fired because they were overweight may proceed with their lawsuits, a Michigan judge ruled.

Cassandra Smith and Leanne Convery, who were servers at the Hooters restaurant in Roseville, Mich., have a right to sue, even though they signed arbitration agreements, Macomb County Circuit Judge Peter Maceroni said in his ruling.

Hooters of Roseville Inc. and Atlanta-based Hooters of America Inc. had sought to have the cases dismissed because of the agreements, which "mutually bound" all parties to arbitrate any discrimination claims.

The women may not have known they waived their right to sue, especially if they can prove they weren't given an opportunity to take the Hooters agreement to a lawyer for review, Maceroni said.

Smith filed her lawsuit in May and Convery in June, alleging Hooters violated Michigan's pioneering Elliot-Larsen Civil Rights Act of 1976, which bars employers from discriminating based on religion, marital status, race, gender, age, height and weight, the Detroit Free Press reported.

Hooters argued the law shouldn't apply to the restaurant chain because its waitresses sign an agreement they are entertainers whose "female sex appeal" appearance is a legitimate concern.

Hooters waitresses, known as Hooters Girls, are recognizable by their uniform of white tank tops with "Hootie the Owl" logos and short nylon orange runner's shorts.