Judge Rules On Arizona Tattoo Shop’s Behalf

May 14th, 2009 · No Comments

Tempe Tattoo Studio Wins In Court
Published : May 13, 2009

TEMPE, AZ – A judge has ruled the Tempe City Council acted unlawfully when it revoked a permit for a tattoo studio at a strip mall.

Maricopa County Superior Court Judge Robert Oberbillig said Wednesday that the council must reconsider the matter.

The Goldwater Institute went to court on behalf of Tom and Elizabeth Preston after the City Council revoked the use permit for their planned studio on Aug. 28, 2007.

The permit had been approved by a city hearing examiner and the city’s Development Review Commission, but Mayor Hugh Hallman told the council that there was a “perception” the tattoo studio would contribute to neighborhood deterioration. The council then revoked the permit for the Body Accents studio at 1524 N. Scottsdale Road.

The Prestons said they had signed a five-year lease and invested between $25,000 and $30,000 getting ready to operate the studio. They said they own and operate a studio in Mesa called Virtual Reality, which has not received a single complaint in more than 15 years of operating.

In his ruling, Oberbillig said, “Even the city’s own ordinances and rules reflect that this permit is valid.” He said the council could revoke the permit only on a showing of “good cause or public necessity.”

Clint Bolick, director of the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation, said, “The council’s action was a travesty. The Prestons followed the city’s rules and made a significant investment, only to be sent packing by the City Council on the basis of crude, outdated stereotypes.”

Bolick added, “This ruling is a victory for the rule of law. If the city can lawfully treat the Prestons this way, then every small business owner in Arizona is at risk of arbitrary government action.”

Source : KTAR