This case involved the intersection of municipal zoning regulations and the right of tattoo artists to ply their trade. After the City denied Plaintiffs a permit to operate a tattoo parlor, Plaintiffs filed this action alleging violations of their rights to free speech, due process, and equal protection. The superior court dismissed the complaint for failing to state a claim upon which relief can be granted. City requires some businesses, including pawn shops, tattoo parlors, and body piercing salons, to obtain a Council Use Permit ("Permit") before operating in a commercially zoned area within the City. In July 2008, the Plaintiffs initiated the preliminary review process for obtaining a Permit and formally applied for the Permit the following January. The Board's staff reviewed the application, found the Plaintiffs in compliance with Permit requirements imposed by the City Code, and recommended issuance of a Permit with conditions. The Board reviewed the Plaintiffs' application and staff recommendations at a February 2009 meeting and ultimately voted 3-2 to urge denial of the application, voicing concerns that a tattoo parlor was not "appropriate" for the neighborhood. The Plaintiffs sued the City in March 2010, alleging violations of their civil rights guaranteed under the state and federal constitutions and seeking declaratory and mandamus relief as well as monetary damages under 42 U.S.C. § 1983. The Plaintiffs allege in their complaint that they are entitled to relief because the City violated their state and federal constitutional rights to engage in free speech, receive equal protection under the law, and be afforded substantive due process.
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