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
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
