Motorcycle shop plans suit over village’s refusal to allow tattoo studio
By JENNIFER BRODY
Pioneer Press Staff Writer
A Mount Prospect motorcyle shop is prepared to take its fight for artistic expression to court, following the village's denial of a request to operate a tattoo studio inside the store.
"We have had nothing but cooperation from the village except for the tattooing,” said Bill Golden, president of Steel Horses, Inc. which operates Easy Riders of Chicago, 150 W. Rand Road in Mount Prospect. "No one has come out and said what the problem is—that is our main concern."
At an Oct. 26 meeting, the zoning board of appeals voted 3-5 in favor of the studio. But that was not enough votes to overturn a ruling by Community Development Director Bill Cooney prohibiting the sale of tattoos. Zoning Board Chairman Gilbert Basnik and board member Leo Floros cast negative votes saying that they did not want to override Cooney's recommendation.
"We allowed them to continue selling tattoo (services) while the appeal was going on," said Cooney. "But now that an administrative ruling has been made, they must stop."
Although the zoning board's decision is final, the owners said they tried to go through the proper channels to operate the tattoo studio and are still willing to do whatever it takes to retain that part of their business.
At the meeting, he said, village staff admitted there were no health or safety reasons for excluding a tattoo studio. "I've heard no public health concerns. no public safety concerns, no concerns except it is matter of policy," he said. "That is not sufficient to withstand a legal challenge."
The store uses state-of-the art equipment and sterilizes all instruments. The store permits only persons 21 and over to be tattooed even though the cut-off age is 18 under state regulations.
“Would you please address the evils of tattooing. What exactly are we afraid of?”
Legal challenge is only option
Michael Blazer, an attorney representing the store, said Cooney advised his clients that applying for an amendment to the zoning code would not be a viable option. "We were told that appealing to the village board would be useless. Our only option is to file suit,” he said.
Since July, the store has been operating its tattoo business under an appeals process following a visit from village inspectors who cited the store and called for the immediate disbanding of the tattoo business, Golden said. The owners are expected to appear in court on Nov. 28 for that citation.
"We received a complaint from a resident and we sent our people out to verify it," Cooney said. "We told them operating the tattoo studio was illegal. [The owners] thought it was an accessory use."
Whether or not there is a connection between motorcycles and tattoos is at the center of a debate over allowing the motorcyle dealership's request to operate the studio.
Golden, an owner of the store, said magazines depicting dozens of motorcycle enthusiasts with the name Harley-Davidson tattooed on their arm should have been enough evidence to show the connection exists. But to Mount Prospect Community Development Director Bill Cooney that connection is unclear. "How you tie a motorcycle to a tattoo, I don't know how you make that connection," he said.
Several zoning board members questioned the basis for Cooney's ruling. "Would you please address the evils of tattooing. What exactly are we afraid of?" questioned zoning board member Peter Lannon. "I find it hard to believe that this board would turn down a tattoo business," added Basnik. "It's a legitimate business."
Cooney, who has the authority to interpret the zoning codes, told board members his decision is not based on a personal opinion about tattoos. Under the revised zoning code adopted in 1983, tattoo studios and massage parlors are considered prohibited uses.
"It was my determination that a tattoo studio is not permitted under the code. It is not an accessory use to a retail operation," he contended.
Blazer said the business’ original plans approved by the village did not include a tattoo parlor. But after determining they did not need a 160 square-foot office, the owners decided to convert that space into a studio.
“By people involved in this culture in this community, tattooing is clearly viewed as an art form.”
Expression of individuality
EasyRiders Franchising, Inc., based in California, publishes two of the largest circulation magazines in the United States, said Joseph Micci, an owner of the business. One magazine covers motorcyles; the other, tattoos.
"In the same breath, Mr. Cooney mentioned tattoo parlors and massage parlors. I don't know what those two have to do with one another,” he said. "By people involved in this culture in this community, tattooing is clearly viewed as an art form. It is an expression of individuality."
The parent company has 32 franchises including one in Mount Prospect. Micci estimates that half of those operate tattoo studios. The tattoo studio, Blazer said, provides a substantial economic benefit to a business that is seasonal. Tattooing has translated into about $12,000 after four months of operation. The business generates about $1.2 million in sales a year.
This article was originally published in The Mount Prospect Times, one of 48 Pioneer Press newspapers.
