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Zoning: Tattoo Artist Challenged City's 'Unbridled Discretion' Under First Amendment

Friday, May 05, 2017

The owner of a tattoo shop had standing to bring both as-applied and facial challenges to a zoning ordinance that placed hard-to-meet zoning restrictions on tattoo shops.

Facts: James Real owns a tattoo shop in Huntington Beach, California and has long wanted to open one in nearby Long Beach. But the City of Long Beach has a restrictive zoning ordinance when it comes to tattoo shops. They are forbidden in most parts of Long Beach, and where they are permitted, they require a conditional use permit to operate. The conditional use permit application requires the applicant to rent a location and pay a significant, nonrefundable application fee. Moreover, a tattoo shop can’t operate within 1,000 feet "of any existing adult entertainment, arcade, fortunetelling, tattoo parlor, or tavern" and its hours are limited to 7 am to 10 pm.

Real obtained permission from several potential Long Beach landlords to open a tattoo shop at their properties. He did not apply for a conditional use permit, though, because the locations weren’t zoned fo[...]

 
Next: Government Immunity / Flooding: Immunity Protects City From Policy---Not Operational---Choice
 
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