| Couple Win Right to Open Tempe Tattoo Club |
A Maricopa County Superior Court judge has ruled in favor of a Gilbert couple’s right to open a tattoo studio in Tempe, according to court documents.
Goldwater Institute’s Clint Bolick, who represents the Tom and Elizabeth Preston, said he received notice Thursday that Judge Robert Oberbillig ruled the Tempe City Council’s decision in 2007 to revoke the Prestons business use permit was “arbitrary and capricious.”
The City Council had ruled unanimously to revoke the permit when neighbors near the proposed north Tempe location complained that the tattoo studio would add to a cluster of adult-oriented business already located in the strip mall.
Neighbors worried a tattoo studio opening alongside a liquor store, lingerie shop and bail-bonds business would lower their property values and stymie attempts to revitalize their neighborhood. The Prestons said the city based its decision on stereotypes and allowed prejudice to cloud their judgment. City officials maintain they are not discriminating against the Prestons, pointing to at least 12 tattoo studios that operate in Tempe. Tempe officials maintained the council has the authority to protect neighbors’ rights and manage development.
The ruling is “absolute jubilation” for the Prestons, who invested nearly $30,000 to open the business in 2007, Bolick said. Oberbillig also ruled that Tempe is not immune from paying damages as the city had maintained. The Prestons plan to sue the city for damages to recover the money they invested in attempting to open the business, he added.
Original Post Here: http://www.azcentral.com/community/tempe/articles/2009/07/09/20090709tattoo0709-On.html
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