Case background:

Tom Preston owns a reputable tattoo studio in Mesa Arizona and like many entrepreneurs he sought to expand his business with his wife Elizabeth, by opening a new store in Tempe.  After acquiring the permit the Preston's signed a five year lease and invested $30,000 in the property, a local neighborhood group sought to deny the Preston's their economic liberty by appealing to the City Council. Based on negative stereotypes and personal opinions rather than hard evidence and facts, Mayor Hallman and the Council voted unanimously to override their own zoning officials and denied the permit.  Tom now has a long-term lease and stands to lose a significant capital investment.  This case represents a classic infringement upon our economic liberties by local governments when they can deny an individual the right to their livelihood based upon their personal feelings rather than the rule of law.  Through this lawsuit, the Goldwater Institute seeks to protect economic liberty, private property rights, and enforce the rule of law.

View Press Releases Below:

Goldwater Institute Goes to Bat for Tattoo Studio Entrepreneurs

The Stakes:

• Economic freedom for Arizona's entrepreneurs
• The right to be free from arbitrary decisions by local government officials
• Holding local government accountable to due process and equal protection

Case Timeline:

• June 4, 2007. Elizabeth Preston applies for use permit from the City of Tempe to open Body Accents Tattoo & Piercing Studio.
• June 24, 2007. Hearing officer awards Mrs. Preston a use permit with 12 conditions for health/saftey, and advertising which Mrs. Preston accepted.
• August 14, 2007. The Tempe Development Review Commission upholds permit on 4-3 vote after the North Tempe Neighborhood Associate appealed the original permit.
• October 6, 2007.  Mayor Hallman and Tempe city council revoked a permit after the permit was already approved by the zoning board.
• November 5, 2007. Case filed with Maricopa County Superior Court.

Case Documents:

• Preston v. Hallman complaint

Media Coverage:

• "Tempe tattoos a stereotype on couple"
  E.J. Montini, Arizona Republic, November 8, 2007.
• "Tattoo parlor sues Tempe after denied opening"
  Garin Groff, East Valley Tribune, November 7, 2007.
• "Tempe blocks tattoo studio"
  Katie Nelson, Arizona Republic, October 6, 2007.

How can I help?

• The stakes are high, help build positive press. Write letters to the editor for your local newspaper and let them know how you feel.
• The Goldwater Institute's Scharf-Norton Constitutional Litigation Center is able to defend your constitutional freedom because of the generous donations of private individuals.  R. Evan Scharf and John R. Norton III have arranged for a $1 million challenge grant to establish and fund the Goldwater Institute Scharf-Norton Center for Constitutional Litigation.  To donate to the litigation center or become a member of the Goldwater Institute, please call Jenn Bryson at (602) 462-5000.
  

Learn more about the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.