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COLEMAN v. CITY OF MESA

No. CV-11-0351-PR.

284 P.3d 863 (2012)

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.

Supreme Court of Arizona, En Banc.

September 7, 2012.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute By Clint Bolick , Carrie Ann Sitren , Phoenix And Kielsky, Rike & Elgart, P.L.L.C. By Michael Kielsky , Scottsdale, Attorneys for Ryan Coleman and Laetitia Coleman.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Scott A. Holcomb , Fredda J. Bisman , David N. Ferrucci , Phoenix, Attorneys for City of Mesa, Mesa City Council, Scott Smith, Linda Crocker, Kyle Jones, Alex Finter, Dina Higgins, Dennis Kavanaugh, Dave Richins, and Scott Somers.

League of Arizona Cities and Towns By Joni Hoffman , Phoenix, Attorney for Amicus Curiae League of Arizona Cities and Towns.

OPINION

BALES, Vice Chief Justice.

¶ 1 This case involves the intersection of municipal zoning regulations and the right of tattoo artists to ply their trade. After the City of Mesa denied Ryan and Laetitia Coleman a permit to operate a tattoo parlor, the Colemans filed this action alleging violations of their rights to free speech, due process, and equal protection under the federal and Arizona Constitutions. The superior court dismissed the complaint...

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