When Rebecca Loveless wanted to relocate her tattoo studio from Boca Raton to Delray Beach, she knew she faced the challenge of being the first exclusive tattoo studio in town. Represented by Michael Weiner of Weiner and Thompson, Loveless successfully gained approval from the City Commission to open shop.
The first hurdle for Loveless was that the Delray Beach Land Development Regulations are silent on the topic of tattoos. Weiner and Thompson applied for a Similarity of Use Determination, arguing that tattoo studios are similar to personal service providers, which are allowed to operate in Delray Beach.
On March 21, 2016, the Planning and Zoning Board unanimously approved the Similarity of Use Determination. The City Commission appealed this decision on April 19, 2016 and reviewed the issue at its May 17, 2016 and June 7, 2016 meetings.
Before the City Commission, Mr. Weiner argued that the Commission should uphold the decision of the Planning and Zoning Board because Loveless met, and in fact exceeded, the requirements for a Similarity of Use Determination. Although the city proposed a resolution to declare “Zoning in Progress with Respect to the Zoning and Location of Tattoo Studios,” Weiner argued that Loveless’ application predated any such zoning in progress and that it would be a denial of due process to deny Loveless’ application. Weiner also cited case law finding that tattooing is an art form protected by the First Amendment.
In a unanimous 5-0 decision, the City Commission agreed with Mr. Weiner’s arguments and approved Tradition Tattoo. Many of Rebecca Loveless’ supporters spoke eloquently on her behalf during the public comment period. Following this victory, Loveless officially opened Tradition Tattoo in Delray Beach on August 3rd.
Weiner and Thompson proudly defended Rebecca Loveless’ First Amendment and Due Process rights. We wish Rebecca Loveless all the best in her new endeavor and we look forward to representing clients with similar challenges in the future.
