Tattooing is protected by the First Amendment. Source: Creative Commons.

Two weeks ago, a federal district court in California granted preliminary injunctive relief to a tattoo shop owner who challenged the City of Montebello, California’s geographic restrictions on body art establishments.

Montebello’s regulation prohibits tattoo parlors within 1,000 feet of certain sensitive uses, including residential properties, schools, libraries, and religious institutions.  The effect of the regulation is to limit such establishments to two small shopping centers in the city.  Tattoo parlors are also subject to a conditional use permit requirement, in which the city is required to determine that the use will not have an adverse effect on surrounding properties and that it is consistent with city planning goals.
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