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COLEMAN v. CITY OF MESA

No. 1 CA-CV 10-0808.

265 P.3d 422 (2011)

Ryan COLEMAN and Laetitia Coleman, Appellants, v. CITY OF MESA, a municipal corporation; Mesa City Council, a body politic; Scott Smith, Mayor; Linda Crocker, City Clerk; Kyle Jones, Vice Mayor and City Council Member; Alex Finter, Dina Higgins, Dennis Kavanaugh, Dave Richins, Scott Somers, City Council Members, Appellees.

Court of Appeals of Arizona, Division 1, Department D.

November 3, 2011.

Attorney(s) appearing for the Case

Goldwater Institute By Clint Bolick , Carrie Ann Sitren , Phoenix, Kielsky, Rike & Elgart, P.L.L.C. By Michael Kielsky , Scotts-dale, Attorneys for Appellants.

Mariscal, Weeks, McIntyre & Friedlander, P.A. By Scott A. Holcomb , Fredda J. Bisman , Erin R. Ford , Phoenix, Attorneys for Appellees.

OPINION

TIMMER, Presiding Judge.

¶ 1 This appeal presents our first opportunity to consider the First Amendment rights of tattoo artists to ply their trade in Arizona. In doing so, we decide whether the superior court erred by dismissing a complaint filed by appellants Ryan and Laetitia Coleman (the "Colemans") against the City of Mesa and others (collectively, "Mesa") for denying the Colemans' request for a permit to operate a tattoo parlor within...

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