Hold Fast Tattoo, LLC v. City of North Chicago 580 F. Supp. 2d 656 (N.D. Ill. 2008)

FACTS: Hold Fast Tattoo wishes to open a tattoo studio on North Sheridan Road in the City of North Chicago and has obtained a prospective lessor at its desired location. In accordance with North Chicago's zoning ordinance, Hold Fast Tattoo applied for a special use permit to operate a tattoo studio at that location. On June 21, 2007, the Zoning Board of Appeals of North Chicago recommended approval of the permit to its city council. The proposal was discussed at two council meetings, on 7/9/07 and 7/16/07, and Hold Fast Tattoo's (plaintiff) request for a special use permit was ultimately denied. The city council informed Hold Fast that its special use permit was denied because it was "not the kind of business" the council wanted in North Chicago. Hold Fast filed suit.

QUESTION:

Do you think a city should be permitted to pass zoning laws that prohibit certain types of businesses in certain areas? Why or why not? What rules should govern what businesses a city can or cannot prohibit and where it may prohibit them? If the business is lawful why should a city be able to restrict where it occurs at all?