The judge has ruled in Preston v. Hallman, and again it goes in favor of the Prestons. As expected, he ruled that the city's decision to revoke their permit was "arbitrary and capricious" since it did not meet any existing standard for denial.
The judge ruled that Tempe must re-issue their permit and allow their business to open. The city has 30 days to file an appeal.
I haven't heard how the judge ruled on the other issue, which I predicted might go the city's way, but it doesn't matter for the overall outcome--it was enough for the Prestons to prevail on either of the two issues, and they won on the one that they had a very strong case for.
The Goldwater Institute has issued a press release about the victory, and the Arizona Republic has run a story on it.
(Previously.)
This is good news for us in Tempe.
ReplyDeleteMore worrying is the 33% in the AZ Republic poll who said that they didn't want a tattoo parlor in their neighborhood because of the clientele.
-jml
/who has no ink
Owned.
ReplyDelete