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Tattoo studio defies order to close


Staff Writer

Monday, July 16, 2007

One new tattoo studio remained open Saturday and a second plans to open this week despite attempts by Currituck County to shut the businesses down.

Dreamcatcher Soundside Tattoo Studio, in Harbinger, became the county's first tattoo studio when it opened Friday. But by opening, studio owner Steven Canady defied a decision by the county's Board of Adjustment to deny the studio a business permit.

Meanwhile, the owners at Wolf's Ace in the Hole Tattoo Studio in Moyock had also pledged to open Friday, despite the board's decision. Wolf's did not open Friday, however, because studio co-owner Bryan Beshears said Saturday he is still waiting for applicable state permits and a health inspection. He still plans to open sometime this week after he receives the state permits and inspection, he said.

Canady was ordered by two county code enforcement officers to shut down Friday evening.

"They sent over two code enforcement officers who asked me to shut down," Canady said Saturday. "I told them I wasn't going to shut down."

As of Saturday, Canady said, Dreamcatcher Soundside was still open.

Beshears said Saturday he also would defy attempts by the county to enforce the Board of Adjustment's decision, which was made Thursday night.

"I'm waiting for some permits from the state to allow me to tattoo and an inspection from Albemarle Health and I should be able to open next week," he said. "I'm still in shock at the Board of Adjustment decision. We are appealing the unjust and prejudicial vote that took place."

Beshears has drawn up a petition for local business to sign and plans to join forces with Canady to appeal the Board of Adjustment's decision before Currituck Superior Court.

Beshears also said he received a show of support from Commissioner Janet Taylor, who owns a hairdressing salon next to his studio. However, Taylor was unavailable for comment.

One commissioner, Owen Etheridge, is not showing support for the two studios and said it was important the county enforced its ordinances.

"These businesses should not be allowed to operate in defiance of the Unified Development Ordinance," he said Saturday. "I am worried that this board (of commissioners) will not be willing to litigate because they promised to negotiate not to litigate."

Etheridge, along with Commissioner Gene Gregory, voted against a recent amendment backed 3-2 by the board that allows tattoo studios to operate within light manufacturing zones. Studio owners must also receive a conditional use permit in agricultural, commercial, general business and limited business-hotel zones.

Etheridge branded the amendment a "mistake" and said he feared the tattoo studio issue could become "another Mermaids."

He was referring to a decade-long legal dispute between the county and the owner of Mermaids, a topless nightclub in Point Harbor.

Barry Nelms, chairman of the Board of Commissioners, said Saturday he had spoken with Canady.

"I told him that the appeal procedure is with the Superior Court and not the county commissioners," Nelms said. "I encouraged him to seek his appeal with the court rather than violate the county ordinance."

Gregory was attending a conference in Richmond, Va., Saturday and said he was unaware of the latest developments in the tattoo studio issue.

(Contact David Macaulay at

dmacaulay@coxnc.com)

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