The Quest for a Special Use Permit

As city council meetings go, the December 13th proceedings at Garland’s City Hall would rate among the most entertaining. As Mike Hayslip, a Garland historian, put it, “I haven’t seen anything like this since the hearing on the proposed gentlemen’s club in 1966”.

There were about 15 of us there to support local artist, Lucas Cervellini in his quest for a Special Use Permit “SUP”.  We had attended a similar meeting in the same chambers a few weeks earlier. That evening the Commission voted unanimously in favor of the SUP, though opposition had created some controversy.  By that time Lucas had survived 2 meetings with city staff as well as the Planning Commission meeting, in his quest to open a body art studio, otherwise known as a tattoo shop. If the process worked in his favor, Lucas would become a tenant of Robert Smith at 316 Main Street.  He would be opening a second location of RockInk, a business which he and 3 other artist have been operating in Dallas for the past 5 years.

At the Planning Commission meeting opposition reared its head in the form of one Isabel Lambert, owner of the property and member of the congregation of the Bible Church on Fourth Street Avenue B.

Both she and a gentleman who introduced himself as the pastor of that church, voiced their opposition to having a tattoo shop located just 512 feet from their front door.  Mrs. Lambert had called Mr. Smith and several members of the downtown business community in an attempt to enlist allies in her battle against a tattoo shop at 316 Main Street. She was not successful, as Lucas is well known to the downtown business community, and has painted a mural, several signs and other artistic displays in the area. Several of the business owners have been tattooed by Lucas, as have several members of the Bible Church congregation. Nevertheless, Mrs. Lambert persevered, in accordance with the dictates of her conscience.

A fee of $500 was paid to the COG to begin the process.  The findings of city staffers resulting from the first 2 meetings were passed along to the Planning Commission.  They in turn,  passed their findings and recommendations along to the City Council for a final yay or nay decision. This was the final lap of the journey toward the issuance of an SUP to operate a tattoo and body piercing shop in the empty building next to the railroad tracks, across the street from Roach Feed & Seed.  Almost empty, that is, except for the welding shop located in the rear of the building.

The space Smith will be leasing to the artist is just 350 square feet, just one twentieth of the 7,000 square foot building.  So there was a lot of muss and fuss over such a small space in a rather dubious location. To put things in perspective, this stretch of Main street has several unattractive factors.  Starting at the corner of First Ave. there is an Auto Parts store, followed by washing machines and dryers lined up in rows almost to the curb.  The laundry machine display is next to a long line of used cars, leading us to the building in question.  The quest, if granted, for a 3 year SUP,  will result in a 3 year lease to begin February 1, 2017. The city council meetings always begin with a prayer and the Pledge of Allegiance, followed by announcements by Mayor Athas. He announced that 15 new Garland police officers had been sworn in that day. The first agenda item resulted in a lengthy discussion on the bidding process and focused on the building of a GP&L switching station. Eventually Lucas was invited to approach the microphone and explain why he was there.  Lucas is originally from Argentina, and still speaks with a pretty heavy accent, but he did a good job of stating his case and fielding questions from council members. Paul Mayer, CEO of the Garland Chamber of Commerce, spoke eloquently  of his pleasure in welcoming and supporting new businesses coming into the downtown area. Downtown property owner Reese Swilley was there and addressed Mayor Athas.  He said the mayor had asked him not to come down unless there was a full moon, and it just so happened that there was a full moon that night. He has many tattoos and spoke in favor of the tattoo shop, as did another six or seven  of us who were in favor of the issuance of the SUP. It became obvious that Robert Smith had done his homework, as he had some photographs of other area cities that had tattoo shops on or near their downtown squares, including Paris, McKinney and Denton. It had been a great display of support for Mr. Cervellini.

The first person to speak for the opposition was Mrs. Lambert. This attractive, articulate and well intended lady was determined to block the opening of the body art studio of Lucas Cervellini, insisting that it will somehow taint the congregation of her church, located around the corner and exactly 512 feet away. She also cited research indicating that such establishments have a negative affect on a business community. The kind lady also referred to a verse from the Old Testament, suggesting that God does not want his people to have tattoos. The council members listened attentively, and District 2 Councilwoman, Anita Goebel thanked Mrs. Lambert for coming.

The next speaker in opposition to the tattoo shop was called to the podium.  Mr. Bush introduced himself as a neighbor vehemently opposed to the very notion of a tattoo establishment being allowed to occupy 350 square feet in a corner of the now vacant building which was originally a Humble Oil gas station, built in the 40’s.  His presentation was full of condemnation and hellfire.  It was clear that in his mind anyone with a tattoo or creating a tattoo would be doomed to eternal damnation.   He stated that sex, drugs and alcohol are  directly related to the tattoo business.   He seemed oblivious to the tight regulations involved in licensing body art shops.   We were all greatly relieved when the agitated Mr. Bush finally took his seat. Councilwoman Goebel asked him a few questions and then thanked him for participating.  Two other members of the Bible Church followed Mr. Bush to the microphone and stated their opposition to the opening of a tattoo shop in the neighborhood of their church.  A member of the audience who said he had not intended to speak decided to clarify things by sharing his observation. He very astutely pointed out that a stigma applies to the word “tattoo”.  There have been many changes in tools and techniques since  tattoo parlors sprang up back in the 50’s  and 60’s. It is now highly regulated and can replicate the appearance of a pencil sketch, painting or watercolor. Because of these advances many females are now sporting ‘tats’.  This gentleman suggested that we now treat the very word tattoo as archaic, and replace it with “body art”. This guy made a lot of sense, and Miss Goebel thanked him for coming forward.

When all speakers had spoken, the Council was asked to cast their votes. They voted 8 to 1 in favor of granting the Special Use Permit to Lucas Cervellini so that he may operate a tattoo shop at 316 Main Street. It had been a long and arduous process, and Lucas was obviously very pleased with the outcome. If all goes according to plan, Rock Ink will open for business on February 1, 2017. Lucas would like an opportunity to do another mural and is also awaiting  the opportunity to create 3D sidewalk art.  Downtown Garland is certain to benefit from his presence.

Nancy Ghirla

Email: [email protected]