Hold Fast Tattoo wishes to open a tattoo studio on North Sheridan Road in the City of North Chicago and has obtained a prospective lessor at its desired location. In accordance with North Chicago's zoning ordinance, Hold Fast Tattoo applied for a

Question

special use permit to operate a tattoo studio at that location. On June 21, 2007, the Zoning Board of Appeals of North Chicago recommended approval of the permit to its city council. The proposal was discussed at two council meetings, on July 9, 2007, and July 16, 2007, and Hold Fast Tattoo's (plaintiff) request for a special use permit was ultimately denied. The city council informed Hold Fast that its special use permit was denied because it was "not the kind of business" the council wanted in North Chicago. Hold Fast filed suit. What should the court decide and why.

Answer 1

?These type of zoning issues are what is known as social issue zoning - cities are trying to control the types of businesses in certain areas based on the type of clients that they attract. The courts have permitted them certain latitude. However, the evolving issue with tattoo parlors is that there is some protection for artistic expression and some courts have held that the tattoo or owners are entitled to the right to free expression through their art. As such, the zoning authorities and cities have a higher hurdle to overcome if they wish to eliminate the tattoo businesses altogether.