Brentwood moves to lift ban on downtown tattoo parlors

BRENTWOOD, Calif. - There are seven tattoo parlors in Brentwood, but none in the downtown area. 

The city in 2014 banned the businesses from operating in the neighborhood because city leaders at the time didn't want certain types of businesses in that part of town. 

The current city council feels differently, and voted 3-2 on Tuesday to move toward lifting that ban. Councilmembers cited overregulation, economic benefits and free speech as reasons to amend the law.

"We as a city council have said numerous times that we have challenges with the state mandating what we can and can't do with our housing," Councilmember Tony Oerlemans said at the meeting. "I feel that some of the rules that exist within the specific plans all around Brentwood are imposing those same kinds of rules on Brentwood. This happened to be a perfect example of that… I think (a tattoo shop) downtown would be a benefit, it would add to the atmosphere downtown and promote the other businesses downtown."

The change was prompted by Calculated Punkture Studio, which has been offering tattoos and piercings in the city for over a decade. Owners Christopher and Estrella Juarez said they've been eyeing a move to downtown for years, and when Christopher met Councilmember Oerlemans he made a point of telling him as much.

A family operation

What they're saying:

The couple said that contrary to the perception of tattoo parlors as unsavory businesses, Calculated Punkture, located on Brentwood Boulevard, is a family operation, and one that could boost the downtown economy.

"Our kids are behind the desk drawing and hanging out, and for us, it creates a more friendly atmosphere. Back in the day, it was like, ‘there's the scary tattoo shop, scary guys work there,' but for us the goal was always to make a friendly environment for people to come in and set them at ease," Christopher Juarez said.

"A lot of our clients… come in as groups, and more times than not they're going to one of the (restaurants) right next to us to get food or drinks, or they'll walk around the other shops," Estrella Juarez said. "I'd say about 95% of our clients who come here will go and check out other businesses just because they're here."

Brentwood residents sided with business. The council meeting saw numerous public commenters who spoke in favor of the amendment, and the city received dozens of letters arguing that the business should be allowed to relocate downtown. 

Christopher Juarez said moving the business downtown would not only help change the perception of tattoos and tattoo shops, but could help encourage an interest in the arts. 

"For the last couple of years, my wife and I have been going to schools and talking to kids about art. It's not necessarily focused on tattoos, but just… letting them know there's options out there if you want to pursue art as a career," Christopher Juarez said. "I was in junior high school in the 90s, and back then there wasn't a lot of outlets for artists, so being able to go down there and teach the kids, show them that if there's something they're passionate about they should continue to move forward with it."

Behind the ban

The backstory:

Brentwood, like many other cities, banned tattoo shops with the goal of curating a friendly, welcoming atmosphere. Municipalities have lumped them in with check-cashing businesses, adult stores, bail bonds, and pawn shops, and zoned them out of certain neighborhoods, or out of the city entirely.

But tattoo shops have a protection those other businesses don't — the first amendment.

Johnny Anderson, the owner of Yer Cheat'n Heart Tattoo in Gardena, wanted to expand his business into Hermosa Beach in 2006. The city had banned tattoo parlors, so he filed a lawsuit alleging the city's code was unconstitutional under the First and Fourteenth Amendments.

The Ninth Circuit Court of Appeals agreed, and ruled in 2010 that tattoos and the process of tattooing qualify as pure expression, which is protected free speech.

Brentwood Vice Mayor Pa'tanisha Pierson at Tuesday's meeting said she was concerned the Downtown Specific Plan could run contrary to the court's ruling.

"I thought the specific plan was putting us in grave legal danger as it was violative of the First Amendment of the constitution," Pierson said.  "I don't know why we would even consider not moving forward with this."

Red tape

What's next:

Enthusiasts shouldn't expect to get some new art commemorating a night downtown any time soon though — there's a lot of ground yet to cover before a tattoo parlor could open.

The council's vote directed city staff to prepare an amendment to the Brentwood Downtown Specific Plan, which lays out the uses permitted in that part of the city.

That amendment would have to meet certain criteria, be approved by the planning commission, and be read by the city council twice. If approved, the amendment would go into effect 30 days after the second reading.

In an interview on Thursday, interim City Manager Darin Gale said the whole process would take around five months.

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