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Cocoa Beach: A Small Victory For Economic And Expressive Freedom.

Back in May, we wrote about a case before the Cocoa Beach Board of Adjustments where the Cocoa Beach Tattoo Company was looking for a special exception in order to move into a retail space that was located 1730 feet from another tattoo parlor. The Board denied the exception even though there was case law saying the ordinance the City had passed was unConstitutional and therefore unenforceable.

Ten days after the Board of Adjustment meeting, the Cocoa Beach Tattoo Company filed a notice challenging the BOA’s ruling.

Complicating the matter was the timing of the notice and the case itself. If you remember, this was during the period when the City was re-examining its relationship with the legal firm representing it and eventually changed the firms.

The new City Attorneys have agreed that the Board of Adjustment was wrong to deny the special exemption and will recommend at BOA meeting on September 20, 2017 that the BOA approve the request by the Cocoa Beach Tattoo Company.

The response from the City on this matter is below.

In our opinion, this is a win for economic freedom and also the freedom of expression. The City shouldn’t have a say what legal businesses that cause no harm to anyone can be in the City. At the same time, while it is something that we would never do, tattoos are an art form and a type of expression. The freedom to express oneself is fundamental to everyone.

Congratulations to Cocoa Beach Tattoo Parlor Dave Cox and his counsel Kim Rezanka. Although we shouldn’t need to say this, but given the history of the City’s previous legal representation, kudos to the new firm for pulling back and saying “this was an error and we are going to fix it.”





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