In November 2011 a judge dismissed the bulk of a lawsuit by former City Council candidate Hany Fangary and other residents calling for stricter regulations on tattoo parlors, a number of which have sprouted in Hermosa since an appeals court overturned a citywide ban on the businesses.
Superior Court Judge James Chalfant ruled that the lawsuit was filed too late to meet legal deadlines to challenge the city ordinance regulating tattoo parlors. The tattoo parlor critics are appealing that ruling.
In addition, the ruling let stand other portions of the lawsuit claiming negligence, fraud and intentional misrepresentation by city officials. In the recent ruling, Superior Court Judge Michael P. Linfield found that those causes of action were “legally inadequate,” and gave the plaintiffs 30 days to amend the lawsuit, Jenkins said in a prepared statement.
“This lawsuit is an unfortunate waste of public resources. The City Council enacted an ordinance that protected public welfare and satisfied the constitutional rights of the business owners. The law does not provide a remedy in court for individuals who just don’t like an ordinance,” Jenkins said in the statement.
“We do not believe that it is possible for the plaintiff to overcome the legal defects in its lawsuit, and we are hoping that they see that and put an end to this case,” he said.
Fangary was unavailable for comment before press time.
