The court ruled that the Tempe City Council unlawfully revoked their special use permit to open a studio called Body Accents in a vacant storefront in a strip mall at
The court ruled, "Even the City's own ordinances and rules reflect that this permit is valid," and that the Council may revoke it only on a showing of "good cause or public necessity."
The Prestons own and operate a tattoo studio in
"The Council's action was a travesty," remarked Clint Bolick, director of the
The court sent the matter back to the City Council to reconsider in light of its ruling. Meanwhile, the storefront remains vacant, and the Prestons still would like to open a studio there.
"This ruling is a victory for the rule of law," declared Bolick. "If the City can lawfully treat the Prestons this way, then every small business owner in
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