Zahra Tattoo Studio vs. City of Beacon

This is the long awaited story of the opening of Zahra Studio, Beacon’s very first tattoo studio and Beacon’s first artist discrimination case. This is an issue that was never resolved and a story that was never completely told in its entirety to the public. October 15th 2007 is the lucky 7th year anniversary of this ground breaking proceeding: the first of its kind, not only in Beacon, but in New York State. Before getting into the issues of law and constitutional violations surrounding tattooing I would like to start with where Zahra Studio came from, how it originated, and why it’s important that new laws be implemented to not only protect the public, but also - just as important - to protect the artist’s rights as an American. First, some background: I am from a family of five kids, raised by a mother that worked at the local supermarket. My father was a South Bronx Firefighter and Vietnam Vet - a true American hero honored with medals. However, my parents separated very early in my childhood and I rarely saw him growing up. My father’s father emigrated from the island of Malta to Bay Ridge, Brooklyn. He got his start as an elevator operator raising his family; this is how the Zahra family started. My other grandparents were immigrants from Norway, Sicily and Sweden. They all lived in Brooklyn after coming to America for a better life, and to enjoy the advantage that so many Americans take for granted: Freedom.

Zahra Studio began in a little city, just like Beacon, 20 minutes south of here called Peekskill. I am a traditionally trained oil painter since the age of eight, with private lessons from a local artist, and later earning a BFA degree from The School of Visual Arts, NYC. In 1996 I began renting an artist loft, which I used as an art studio and art gallery. Once a month it was opened to the public to show off the work I was creating. I was involved in many different media: airbrushing, glass etching, screen printing, and at the time I was a professional muralist. I decided to start tattooing in 1997. I had an apprenticeship in Queens, N.Y. from a long time professional, which is how tattoo artists learn the do's and don’ts of tattooing. All necessary knowledge for health concerns are easily obtained. Resources offering many different types of courses for the public range from regional educational institutions, to medical facilities. Pertinent subjects are: blood born pathogens, avoiding cross contamination, and even CPR classes. I educated myself, and satisfied my concern regarding potential exposure to diseases for my clients, family, friends, and for myself. I did the necessary research and received a wealth of information, including from the New York City and New York State Departments of Health regarding tattooing. I converted my artist loft to accommodate a very clean and safe tattoo studio, abiding by N.Y.S. D.O.H. guidelines for tattooing. I installed an extra, separate sink, had a quality autoclave, had biohazard waste pick-up, and even had malpractice insurance, which was unheard-of at the time in the tattoo industry. But there was one major problem that I was heading into, because in the City of Peekskill there has been a prohibition outlawing tattooing since 1991. With my quick rising success in the area I knew it wouldn’t be long until someone closed me down. But I was tattooing everyone, including the local police and city hall employees. They applied the “don’t publicly hang up a sign reading 'tattoo' and we won’t close you down” practice. However, I wanted to be legit and have a store front and continue doing my art shows for the public. And through my research I discovered it’s much more difficult to challenge an existing law than it is to pre-exist before a law. I needed to find a new location for my idea. I've been coming to Beacon since my friend had an art show here back in 1995, and it does have a similar history and feel as Peekskill, which I like, so why not Beacon? It’s diverse and blue collar, so it must be opened minded, right? This is where my life quickly changed and I discovered the ugly truth about political corruption.

September 19, 2000 I paid out over two grand to rent a store front on Main Street to open up the nicest tattoo studio and art gallery combo that anyone has ever opened in this area. Word got out about the type of business that was going to be opened. Some of the shop owners became so hostile about this that they called and harassed the landlord and council board. Accusations were flying around: “Tattoo Parlors will only bring in the bikers and riff-raff and we don’t want those kinds of people here” and “your customers will starve their children to get tattooed” and many other very ignorant statements. One store owner was going door to door with a petition so I decided to do the same. Through my usual meticulous research I discovered my opposition was the local business association. I then spoke to the president of this ten year-old association, and she told me that “I and the others have worked so hard to get Beacon where it is” and continued telling me to "come back in ten years.” I thought: everyone is going crazy! I can’t believe this is happening in America in the year 2000! Tattooing has been so popular for the past ten years, and New York City even repealed their laws against tattooing in 1997! The real-estate agent/manager for the store front refused to give me the keys and copy of the lease I signed because of the issues brewing. I was calling everyone involved trying to explain my idea and trying to calm the hysteria. Monday September 25, 2000 - I will never forget this day - I went to city hall and with persistence I got into the mayor’s office. I was able to have a very short conversation with Mayor Clara Lou Gould. She said that the city could not stop me from opening, and also at the moment the city was not going to make a law against tattooing. I persistently asked about the workshop meeting later that night: if she was going to have a discussion about it; the mayor said “no.” Later that night another shop owner and I went to the workshop meeting and to our surprise the doors were locked and the lights were off. The papers said the meeting was at city hall in the rear of the building downstairs ... Where was it? Five days later the real-estate agent returned my money and I was left to rent another space quickly: word had it that Mayor Clara Lou Gould and the council board were getting ready to make tattooing against the law.

One week after speaking to the mayor, the council board aired an amendment on October 2, 2000 restricting tattooing. However, I was able to rent another space prior to the airing of the proposed law. On October 16, 2000 the common council voted yes on article 223-48: restricting tattooing only to industrial locations and 500 feet away from everything and everyone. This law was enacted against proper protocol when creating amendments. The city did not make this amendment public knowledge, they did not do proper research, and they haphazardly slammed this law together at an unfair, possibly illegal meeting. And if this wasn’t enough, the council and other city officials lied at the meeting. They tried to convince me, and the public, that I had to close because I was not legally opened. At this meeting, another store front owner, another local citizen, and I all spoke against this law saying it was discrimination. One store front owner and building developer by the name of Ron Sauers spoke in favor of this law saying “the environment surrounding tattoo establishments is perceived to be negative.” Council members attending this meeting were Mayor Clara Lou Gould, Deanna Leake, Donald Gallo, Samuel Way, Albert Romanelli, Frederick Antalek and Steven Gold. All voted in favor of this law. And so the battle begins. A few days later I was finally able to find a lawyer willing to take this case, and it wasn’t easy. I met a dozen or so lawyers in Dutchess County and no one wanted to take my case. Civil rights lawyers would say it was a zoning issue, and zoning lawyers would say it was a civil rights issue. But in the end I hired a zoning lawyer by the name of Marshall Brenner. Twenty five hundred dollars on a credit card and I was ready to go to battle. Within a couple of days the propaganda machine was in motion and news reporters were spreading the story.

On October 23, 2000 the Poughkeepsie Journal ran a story about the passage of the new law, and the mayor was interviewed saying it was based on a "perception”, and it also “causes loitering and businesses can’t afford that right now.” Ron Sauers was also interviewed saying, “Whether it’s real or perceived, there is a negative image that comes along with tattoo parlors.” And the building inspector of the City of Beacon stated that “Zahra will be given 30 days to comply with the law and close his operation, as the building’s certificate of occupancy does not allow for a tattoo and body-piercing parlor.” First of all: I thought business owners wanted people to loiter or browse around in their businesses and spend money, unless the mayor is implying that the type of people that visit a tattoo studio aren’t good enough for Beacon; and secondly, why do they keep using the term “parlor?” Parlor by Webster dictionary definition is an English living room; I own and operate a “studio.” And this thing about not having the proper C.O. is a complete lie; obviously, I’m still open.

Next was the Channel 6 News coverage, and once again Ron Sauers was interviewed stating “real or perceived tattoo and piercing parlors comes across as a negative.” I wondered: who is this man and why is he so obsessed with closing my business down? Since I’ve been open I’d read a few stories about Sauers being credited with turning around Beacon; he is the so-called "hero of Beacon"; and he is "responsible for the revitalizing of the city". However the truth and the bigger picture of what’s really happening is that a lot of cities all along the east coast are going through a renaissance of their own, not just Beacon. There is nothing new or different about what’s happening here or elsewhere, like Connecticut, or New Jersey, or down south, or up in the New England area of the country. Perhaps the shop owners coming to Beacon have made it more successful than other places, but to give credit to a developer investing in property is very arguable. How much did Sauers pay for his buildings and from whom did he buy these buildings? The risk of opening my tattoo studio here knowing that the local government was against it was far greater than investing in real-estate in the mid 90’s when the economy was good. Anyone can spend a dollar and steal someone else’s dream. Again, through my own research I felt I was safe. There was nothing that the council board could do to close me down. I will be “grandfathered in”, which historically is how tattoo studios survived in America. To think, the same month that Beacon is making a law against tattooing, the state of Massachusetts is lifting their state-wide prohibition against tattooing. Sounds like Beacon is going backwards. Maybe they don’t have a TV or the same concerns as the rest of the country. I was wrong about being safe. The council board re-grouped and passed another law on December 4, 2000. I was advised by my lawyer not to go to the meeting or get involved because there is nothing the council board could do to my business. This time the council board passed a two part law: a “strict prohibition” and a “discontinuance of existing tattoo and body piercing parlors” so “even if you were open prior to the law you need to close in a timely manner due to capital investment.” And at the same meeting they deleted the first law restricting tattoo studios and they also zoned out tattooing, “except for incidental ear piercing” which doesn’t make sense at all. Is the blood in your ear different than in the rest of you body? However, the new angle for the council board was “health concerns.” Historically speaking: when it came to outlawing tattooing, ever since 1961 when New York City made it against the law, they always used the angle of “health concerns” because it saves the government from a constitutional violation lawsuit. For example, you cannot write a law against “bikers” just because you don’t like them. Also, since N.Y.C. Dept of Health did the research into banning tattooing, other cities and states copied those laws - like states of Massachusetts, South Carolina, Oklahoma and the City of Peekskill. So when the City of Beacon passed their laws they also copied the same laws, but there was one big problem; everyone else that copied the law did it 20 to 40 years ago. T

he City of Beacon copied the law in the year 2000 - three years after the New York City Dept. of Health repealed their laws, now making tattooing legal, because “they are operating anyway, without any standards or regulations.” By legalizing it, it can be regulated and made safer. Also what was stated was that there wasn’t “enough evidence supporting the connection of tattooing and the spread of diseases.” American tattooists have been the scapegoat for years for unexplained outbreaks of hepatitis B in N.Y.C., or for medical waste washed ashore in New Jersey, and other issues. Never have there been any true controlled studies in the medical field confirming alleged statements by politicians or lawyers when making laws against tattooing. At the December 4, 2000 common council meeting a council member asked the question to city attorney Gerard Pisanelli “whether the proposed local law is legal?” The city attorney replied, “Yes.” However the real answer is, “no”. They copied and resurrected an old dead law from N.Y.C. that has been repealed throughout the country, because times have changed and there isn’t enough evidence to support that agenda. At the time of passing this law I had a N.Y.C. Dept. of Health Tattoo License which I had to take a course and pass a test. Why didn’t the council board copy the N.Y. State guidelines for tattooing? I was able to obtain that information easily back in 1997 and the state guidelines have existed since 1993. It clearly states, “A ban has been on the books in New York City but it is ineffective. A ban will only cause tattooing to be performed in an 'underground' fashion.” Council members attending this meeting were Mayor Clara Lou Gould, Deanna Leake, Donald Gallo, Samuel Way, Frederick Antalek, and Steven Gold, all voted “yes” except Donald Gallo voted “no.” Donald Gallo was the only council member willing to open a discussion with me. He also stated “the existing business has been operating for several months and he has not heard any comments that would detract.” The propaganda machine was once again set in motion. All local newspapers, TV, and radio reported that “Zahra Studio will close.” It even hit the associated press that “Zahra Studio will close.” Running a business is hard enough.

By now I was surviving on credit cards, trying to fight back with thousands spent on advertising, trying to let the public know I’m not going to close, I’m fighting the system and I’ll go out kicking and screaming. But who wants to do business with someone that is going to close? However, there was great support in the papers, with letters written on my behalf from Donald Gallo explaining that “tattoo prohibition unreasonable”, and Dennis Pavelock wrote questioning “the mayor having her own agenda”, and also Charlie Kelly stated in a letter that the “prohibition smacks of censorship and attacks our freedom”, and other supportive letters written to the editor. However, the law is the law and I called the lawyer that I'd hired three months before, to see what his progress was. On January 6, 2001 the Poughkeepsie Journal wrote a story on the new Beacon law, and my lawyer Marshall Brenner is quoted on the case, “We’re doing the research on it”: the same answer I received from him. The city administrator Joseph Braun is stated “Zahra will be contacted as soon as the city is notified by the state that the law is effective” - which is completely untrue because the law was effective since December 11, 2000. I called and received the paperwork from state records myself. So why were they waiting? Months later - on March 12, 2001 - was the very first time City of Beacon personally contacted me via certified letter from the building department requesting my capital investment information so they can determine when I’m going to close. I spent another $2,500 on my credit card for a lawsuit filed against City of Beacon on April 27, 2001, Supreme Court of the State of New York index number 2001/1972.

The lawsuit read that the “law against tattooing is illegal” and “will invade the rights of property and personal liberty guaranteed to the plaintiff by the constitution and laws of the State of New York”. It also requested to be “grand-fathered” and to operate “permanently and during pendency of this action”, and finally requested for “cost and disbursement of this action.” Finally I felt that this issue would be resolved. How little did I know. Letters were sent to and from the city and my lawyer, and they read like children on the playground about to have a fight. The city sent a letter to my lawyer on May 16, 2001 denying everything in the lawsuit, and my lawyer sent letters in return trying to settle out of court. Then on August 16, 2001 the city was willing to settle, and wanted me to agree that I would “operate the tattoo parlor alone as long there would be no body piercing”, and also they would not “pay any of the legal costs.” I disagreed because I could not survive working alone. It’s bad enough that I was in $30,000 legal debt on my credit cards and I was working 60-80 hours a week to survive. I had no life at this moment, and my American dream that I have worked toward is being crushed by corrupt Politicians. Months go by with no answers from the city or from my lawyer. On November 15, 2001 I sent a letter to my lawyer requesting my demands and to move forward with the lawsuit in spring of 2002. By this time I was extremely depressed and was getting nowhere regarding receiving answers from anybody. February 13, 2002 my lawyer re-sends a letter to the city requesting his answer from a letter sent on June 8, 2001. April 22, 2002 the city sent my lawyer the same letter they sent a year prior stating the same demands. For over a year they’re resending the same letters back and fourth! I had enough, and in June 2002 I requested my lawyer - by letter and by phone - to send my file to another lawyer for a second opinion.

On September 18, 2002 I receive a letter from the other lawyer stating that Marshall Brenner never sent a copy of my file. By this time I was fighting a personal battle. I was so in debt and so depressed that I was existing like a zombie waiting for the word that I won or lost or are we going to court. It had been over 2 years and I was in the same place when I started. I barely existed for another year. Then finally, I had a two hour phone conversation with Ronald White, the artist that tattooed on a local TV show in South Carolina, which had a state-wide prohibition for about 30 years. The cops broke down his door and took everything, including personal property that had nothing to do with tattooing. Ronald White made international news and was on talk shows, and was very well spoken and well versed in the laws. He helped rejuvenate my passion for the battle and on October 1, 2003 I sent my lawyer, Mr. Brenner, a certified letter requesting my file. Later in the same month I had a meeting with Marshall Brenner where he stated for the very first time that “the case is won” and that the opposing council are “childhood friends and old school mates and I trust them.” I requested written documentation and he replied, “Why?” I was left to put the pieces of my life back together. March 2004 I claimed bankruptcy and started rebuilding my business and life. In the previous years all financial investment went toward five different lawyers and advertising, and I also suffered from depression. My credit was shot and my health was weak, but I continued because I knew I was right. Time passes on and now it's October 2007. I know by now that I am not safe. The laws against tattooing still exist and I would like to have the same rights as other general business owners in Beacon. However, I need to get the laws changed but I can not afford to go through the same situation again. I’m having trouble with my existing landlord because of continuous water leaks in the gallery.

The strict prohibition needs to be taken off the city code, and zoning needs to be changed, so I can enjoy being an American citizen again. You can easily view the law on the cityofBeacon.org site and click the city code and type in the search “tattoo”. Only then will it show, because it is not listed or linked. And how funny things work out. Not only have I been operating one of the most successful businesses supported by local Beaconites, I run one of the oldest privately owned art galleries in the City of Beacon. Also, one of my tattoos created here in Beacon was featured in a film that was funded by the Museum Of Modern Art, and then went onto the Whitney Biennial 2006. Out of that 12 minute film, my tattoo was used to promote the film and was printed in the New York Times. It was also placed in the museum book, sold and shown everywhere, including DIA: Beacon. Meanwhile, Beacon officials think about the “image” of tattoos negatively, and internationally renowned NYC museums are fine with it.

Outlawed Artist – Keith Zahra