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City: Tattoo Policy Lawsuit Causes of Action Ruled 'Inadequate'

The city attorney sounds off in response to recent ruling in the case.

In a lawsuit over Hermosa Beach's tattoo policy, a recent ruling has found five causes of action against the city to be "legally inadequate," according to a statement from the City Attorney's office.

The city announced Tuesday that Los Angeles Superior Court Judge Michael Linfield's ruling addressed the alleged causes of action that a group of Hermosa Beach residents is using to seek money damages.

The group now has 30 days to file an amended lawsuit, according to the city.

"We do not believe that it is possible for the plaintiff to overcome the legal defects in its lawsuit, and we are hoping that they see that and put an end to this case," said City Attorney Michael Jenkins in the statement.

The group, called Citizens United, filed a lawsuit in April against the city in hopes of overturning the Hermosa Beach ordinance that regulates tattoo studios. Citizens United argued that the city neglected to give residents proper notice before deciding how to regulate tattoo parlors in town.

"The City Council enacted an ordinance that protected public welfare and satisfied the constitutional rights of the business owners. The law does not provide a remedy in court for individuals who just don’t like an ordinance," Jenkins said.

The Citizens United lawsuit came in two parts, according to the city. The first part argued reasons to annul the ordinance, and a Los Angeles Superior Court judge dismissed a majority of those claims in November.

The second part consisted of the causes of action seeking money damages, and are still before the trial court, according to the city.

The lawsuit followed a previous one brought against the city by a tattoo studio owner in 2007. Johnny Anderson sued the city of Hermosa Beach after it repeatedly rejected his efforts to open a tattoo parlor in town.

At the time, Hermosa Beach had a ban on allowing tattoo studios within city limits. The case reached the U.S. 9th Circuit court of Appeals, which ruled tattooing is a form of expression protected by the First Amendment.

The ruling required Hermosa Beach to overturn its ban on tattoo businesses.

Earlier Patch coverage of Hermosa Beach's tattoo policy:

Tattoo Policy Challenges Dismissed

Council Rejects Tougher Tattoo Parlor Restrictions

Panel Suggests Tattoo Policy Changes

Residents Rally Against Tattoo Shops

Video: Hermosa Inks Up

City Selects 2 Areas for Tattoo Studios

City Council to Revisit Tattoos and Street Cleaning

Decision Still Awaits on Tattoo Parlor Location

City Adopts Temporary Tattoo Parlor Ban

Temporary Tattoo Ban on City Council Agenda

Hermosa Tattoo Parlor Ban Overturned

Video: Tattoo Artist Sues to Open Hermosa Shop

Jay Philbrick February 22, 2012 at 03:42 PM
What a total waste of time and money for the city!! Doesnt Citizens United have better things to be concerned with?? Half the people in Hermosa Beach already have tattoos for crying out loud!
Jinky Torion February 22, 2012 at 05:31 PM
a classmate's step-aunt makes $88/hour on the computer. She has been without a job for 6 months but last month her pay was $16506 just working on the computer for a few hours. Read more on this site MakeCash9.[com]

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