In Buehrle v. City of Key West, Case No. 14-15354
(decided December 29, 2015), the United States Court of Appeals for
the Eleventh Circuit considered whether a limit on the number of
tattoo establishments in the City of Key West, Florida infringed
the First Amendment rights of a tattoo artist.
From 1966 through 2007, the City of Key West, Florida prohibited
the operation of any tattoo parlors. Opinion, pp. 2-3. As a result
of litigation, Key West adopted an ordinance permitting two tattoo
businesses to operate in its historic district. According to the
Opinion, Key West maintained that "tattoo establishments would
be inconsistent with the district's historic character."
Opinion, p. 3. Further, it feared that tourists obtaining
"regrettable tattoos" would have a negative impact on
tourism in Key West. Opinion, p. 3. Mr. Buehrle, desiring to
operate an additional tattoo establishment in Key West, sued the
City. The Federal District Court granted summary judgment to
