Tattoo studios will soon be allowed to operate in downtown Brentwood, following a 3-2 vote by the City Council on Tuesday night to amend the Downtown Specific Plan (DSP).
The change stems from a proposal originally introduced on January 28 by Vice Mayor Pa’tanisha Pierson and Councilmember Tony Oerlemans on behalf of Calculated Punkture Studio, a local tattoo business. The council ultimately opted for an administrative approval process, which requires proof of compliance with state health and safety codes, rather than a more costly and time-consuming Conditional Use Permit.
First Amendment Concerns Prompt Action
During the council discussion, Pierson referenced Anderson v. City of Hermosa Beach, a 2010 ruling by the U.S. Ninth Circuit Court of Appeals, which found that tattooing is a form of expression protected under the First Amendment.
“My rationale for bringing this as a future agenda item was that I thought the specific plan put us in legal danger,” Pierson said. “The case law… spoke so loudly that I don’t know why we would even consider not moving this forward.”
The court decision limits how cities can regulate tattoo studios, permitting only reasonable restrictions based on time, place, and manner.
Community Feedback Drives Support
Council members had previously raised questions about whether tattoo studios were appropriate for the downtown area and if broader changes to the DSP should be considered. However, supporters of the amendment—including local business owners—argued that the change would benefit economic development and diversify downtown’s offerings.
Estrella and Christopher Juarez, owners of Calculated Punkture Studio, said they had long hoped to relocate downtown and launched a grassroots petition effort after concerns were raised in January about community support. According to Estrella Juarez, 29 downtown business owners signed in support, and an online petition gathered 874 signatures from local residents.
Amy Noack, owner of Boondoggies, a downtown eatery, spoke in favor of the change:
“A tattoo studio offers something truly different… That difference will draw new visitors and new energy to the downtown,” Noack said.
Economic and Legal Considerations
Councilmember Oerlemans noted that burdensome restrictions in the DSP may be limiting business opportunities.
“We talk about the state mandating housing rules that we don’t like, yet we’re doing something similar to our own businesses,” he said. “Calculated Punkture would bring a benefit to downtown and add to the atmosphere.”
One practical concern was the cost of a Conditional Use Permit, which totals $5,850. By choosing an administrative route, the city aims to streamline the approval process and reduce barriers for business owners.
Next Steps
Acting City Manager Darin Gale said the approved amendment will now move to the Planning Commission for review, after which it will return to the City Council for two formal readings. The change would take effect 30 days after the second reading.
Mayor Susannah Meyer and Councilmember Jovita Mendoza voted against the amendment.
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