David Hudder is allowed to operate one in Plant City — outside the limits of Historic Downtown.
A tattoo shop ban in Historic Downtown is constitutional, a federal judge has decided.
David Hudder, owner of Dixie Station Tattoo on Baker Street, wanted to open a tattoo shop on the first floor of 109 E. Dr. Martin Luther King Jr. Blvd. He resides on the second floor. At the time of Hudder’s request, a zoning ordinance against tattoo shops in Historic Downtown already existed.
Hudder took the City of Plant City to court on the grounds of the ban being unconstitutional and limiting his First Amendment rights, but retired U.S. District Judge Elizabeth A. Kovachevich sided with the city.
Though tattooing is a form of free speech, it may be limited to time, place and manner restrictions. Hudder’s plan for a tattoo shop was found to be inconsistent with the City of Plant City’s vision for a family-oriented downtown. The court determined that the ruling was not in violation of Hudder’s First Amendment rights, because he is provided with other locations to own and operate a tattoo shop within the city limits.
“Eighty-six percent of commercially-owned property is available,” Tom Scarritt, the lawyer who represented the City of Plant City in the case, said. Scarritt is a lawyer for the Tampa-based Scarritt Law Group. “The city was pleased with the result. We felt it was a reasonable and fair ordinance.”
Besides providing an alternative location for the business, time, place and manner restrictions are constitutional when they are narrowly tailored. The city argued that tattoo establishments “do not support the regular needs of residents, appeal to narrow clientele, are not family-oriented businesses and detract from a … downtown environment.”
The majority of downtown shops fit the city’s vision, including antique shops, consignment shops, restaurants and a coffee shop.
In his case, Hudder also argued that the city was treating other businesses, specifically art galleries and printing companies, differently than his proposed tattoo shop. However, Scarritt argued that there is a huge difference between tattoo shops and the companies Hudder mentioned, because tattoo parlors are regulated by the state.
“None of that applies to printing companies,” Scarritt said. “And the court agreed.”
After speaking with Hudder’s lawyer, Jeffrey Blumenauer, Scarritt was told that Hudder would likely not appeal the federal decision. It has not been determined yet if Hudder will appeal to a state judge.
Contact Emily Topper at etopper@plantcityobserver.com.
