Restraining order issued against town of Atlantic Beach Watch Video
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By Mola Lenghi
Wednesday, April 08, 2009 at 11:39 p.m.

Read more: Local, Atlantic, Beach, Restraining, Order, Jesters

New developments in the back and forth tangle between the town of Atlantic Beach and a tattoo parlor in the town. Wednesday, a circuit court judge issued an injunction against the town. The request was made by 5 Jesters Custom Tattoo parlor.

This is after the town attempted to revoke the parlor's business license after a NewsChannel 15 investigation uncovered that the shop was too close to a playground. The tattoo shop owner argues the town lied to him and to the South Carolina Department of Health and Environmental Control, saying the playground was condemned, when in fact, it was not.

Stan Hudgins, owner of 5 Jesters Custom Tattoo, said after being denied his rights by the town, he had no option but to file the temporary restraining order.

"We wanted the same due process from the town of Atlantic Beach, and when we sought due process we were told, 'No, there is no avenue. You can do it our way or the highway,'" recalled Hudgins.

A Circuit Court judge agreed with Hudgins, saying Atlantic Beach violated a previous court-ordered settlement where the town agreed to issue the tattoo shop a business license.

"They need to live up to their agreements. They need to live up to what they've been told to do," argued Hudgins.

A NewsChannel 15 investigation found the parlor was closer to a playground than state law allows, and that the town manager wrote a letter saying the park was condemned, when it really was not. When that was uncovered in our investigation, the town attempted to revoke the business license it had issued.

Police Chief Randy Rizzo says enforcing a restraining order against the town is new to him.

"This is the first restraining order against the town that I've ever had to deal with," admitted Chief Rizzo.

But he added, his job won't change.

"Let the courts make a decision, and the police will enforce whatever they decide," he said.

Meanwhile, Hudgins says he just wants what's right.

"If it comes out in court that we're wrong, then we'll do what we always do and abide by the law. If it comes out that they're wrong, they should do the same thing," said Hudgins.

NewsChannel 15 contacted Atlantic Beach town officials, and they did not want to comment. They said they just want to allow the legal process to take its course.

DHEC also revoked the parlor's license because the playground is not condemned, but the shop can remain open while they appeal that ruling.

For more background on this developing story, click on the CarolinaLive.com links below

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