“Old” Tremont vs. “New” Tremont: Discrimination by HOA Against Custom Tattoo Studio After City Revokes Permit
CLEVELAND, OHIO — A battle is brewing in Tremont — reflective of the tension between the old guard and the new wave of artists, entrepreneurs, and innovators that have revitalized the community to be the envy of urban neighborhoods around the country.
Renowned local tattoo artist, Chis Delaroso, has invested heavily in his dream of opening a body art/tattoo studio in the street-level, commercially zoned rental space in Tremont’s historic Lemko Hall at 2335 West 11 Street. The specific location of the studio is crucial, as zoning compliance depends on the site’s proximity to residential and other regulated uses.
Tremont Is “Perfect”
When asked why Tremont, Chris says that “It’s the perfect place! It’s Cleveland’s center for artists and creatives, and that’s where I am meant to practice my art.” The project is a proposed development within the building, subject to city and county zoning and planning review.
After being approved by the City of Cleveland, and investing close to $10,000, that dream is about to be erased: due to errors by the City of Cleveland and opposition by Lemko Hall Condominium Association.
City Approves (In Error), Then Rescinds Zoning Permit
First, the City of Cleveland approved his zoning application in March, 2025. The city had previously adopted zoning ordinances that regulate the location and operation of businesses like tattoo studios. Based on this approval, he signed a 2 year lease with Cleveland Property Rental, which is owned by Dr. Kimberly Chen, a respected Cleveland-based physician.
After the City’s approval, Chris spent close to $10,000 in renovations, equipment and furnishings for the West 11th studio. See embeded pictures of this beautiful, welcoming space. As required by the zoning application process, a map of the site was submitted, showing the layout and intended use. No work or business operations were allowed to advance before the necessary permits were granted, in accordance with city and county regulations.
The relevant city department, such as the planning or zoning department, is responsible for reviewing and processing such applications. Fees are generally required for obtaining permits and variances for businesses like tattoo studios.
However, the City rescinded its earlier zoning approval, and now states that the tattoo parlor is prohibited from operating without a zoning variance (due to being within 1,000 feet of residential and similar business). The city’s official determination cited zoning compliance concerns. The line between reasonable regulation and unconstitutional restriction is often at issue in such cases.
Hearing for Zoning Variance Set for 6.30.25
Chris and Dr. Chen, both clients of the Herman Legal Group, filed for a use variance with the Cleveland’s Board of Zoning Appeals. Developers proposing new projects in Tremont must comply with zoning and planning regulations, and projects must be carefully planned to comply with local regulations. The preliminary development plan generally includes site maps and descriptions of intended uses.
The public hearing is set for Monday, June 30, 2025 at 9:30 am
Cleveland Board of Zoning Appeals, 601 Lakeside Avenue, Room 516, Cleveland, Ohio (Calendar No. 25-096).
The public may choose to participate by WebEx by calling the Board at 216.664.2580 or emailing them at boardofzoningappeals@clevelandohio.gov.
Lemko Hall Condonimum Association Seeks to Ban the Tattoo Studio, in Violation of the Association’s Bylaws and In Violation of Dr. Chen and Chris’ Property and First Amendment Rights
However, even a bigger obstacles for Chris and Dr. Chen, is that the Lemko Hall Condominium Association opposes the opening of the tattoo studio, claiming that the condo regulations, which expressly prohibits pornography shops, massage parlors, bars, and pawn shops, also restricts the street-level Commercial Units owners from renting to any business it feels “is not consistent with the residential character of the condominium.” The subject of the dispute is the compatibility of the tattoo studio with the building’s residential character.
The Board’s claim is not supported by law or by the regulations of the Condominium Association.
Nor is the Board’s claim based on accurate information. Sadly, many people still clink to the tired, old stereotypes of tattoo shops from 30 years ago, as unclean, attracting undesirables, and a blight/nuisance in the buildings they inhabit.
This of course is the exact opposite of the body art/tattoo studio industry of today.
The New Tattoo Industry Is Prevalent, Strong, Ethical
The tattoo art industry in the U.S. has grown to nearly $900,000,000 in revenue in 2024. Tattoo studios often seek to expand into new locations but face challenges due to zoning restrictions. The modern tattoo industry serves a diverse range of persons from all walks of life.
Again, the NEW body art/tattoo studio industry is not reflective the OLD image of seedy tattoo parlors of the past. The new industry, particularly as practiced by Mr. De La Rosa, is just as likely to provide custom body art to someone in their 20s, as to their parents or even grandparents. The acceptance and prevalence of tattoos can be seen daily as you walk down the street, stop at the workplace water cooler, or attend church service.
The Lemko Hall Board has made its decision to stop Chris from pursing his dream at 2335 West 11th without input from him nor Dr. Chen. Decisions about land use and business operations are typically made collectively, and not by a single board, to decide what is best for the community. Neighbors also play a significant role in influencing zoning decisions and regulatory outcomes.
Chris invited the President of Lemko Hall, to visit his studio to provide an opportunity to learn more about his amazing art work, how he schedules clients and runs his business, and how he intends to be a great neighbor and asset to the community.
The Board President declined.
Dr. Chen has clearly stated that she would never rent to a tenant who she believes would compromise the health and safety of the public, including the tenants at Lemko Hall. As an immigrant from Taiwan, coming from an entrepreneurial family who lived in residential buildings but rented to businesses on the lower floors in Taipei, Dr. Chen respects and values the symbiotic relationship between entrepreneurs and the buildings and neighborhoods they are located in. The owner’s legal rights and responsibilities under zoning and HOA regulations are central to this dispute.
Chris’s Studio Is an Example of the Rich History of Entrepreneurialism in Tremont
In fact, this is the history of immigrant-owned businesses in Tremont dating back over 100 years: residents living above street-level businesses.
Mr. Delarosa’s studio is first rate and serves as an enhancement of the building. Please see the attached photos, which indicates the pride and professionalism that he has in his craft. The site is subject to ongoing zoning and planning review.
His studio would not act as a disruption to the building, would not change the external visual aesthetics of the building, would not generate noise or parking problems, or odors, and would not compromise public safety. The value of parks as part of the neighborhood’s facilities is also an important consideration in urban amenities.
His business bears no resemblance of the traditional tattoo parlors of 30 years ago — places to go after the bars close, to get quick art.
His designs are custom made, that often take many hours to create BEFORE the client arrives for a scheduled appointment.
Nothing about this proposed business would be inconsistent with the normal commercial activity of the neighborhood. It would add value to not only the neighborhood but also to Lemko Hall. The importance of public and private facilities, such as parks and schools, is recognized in urban planning, and the placement of different types of businesses in various locations is key to a well-organized neighborhood.
“Lemko Hall, while benefiting from Tremont’s global reputation as Cleveland’s center for artists and creatives, seeks to block local tattoo artist and entrepreneur from opening up his studio,” Says Attorney Richard T. Herman
It is also important to point out work that Mr. De La Rosa and other tattoo artists play in helping “heal” those who are suffering with disfigurements. I encourage you to research the role of micropigmentation work with vitiligo and mastectomy clients, as well as prosthesis reconstruction.
Tattoo Art Is an Ancient and Reverred Form of Self-Expression, Protected by the First Amendment
In our zoning hearing for Monday, the applicants will also remind the Board of the First Amendment protections that Mr. De La Rosa and Dr. Chen enjoy relating to an arbitrary ban on constitutionally protected artistic and symbolic speech. Legal grounds for challenging or denying business operations under zoning laws will be discussed, and similar regulations apply to other uses, such as schools, which also require permits and compliance.
It is no exaggeration to say that tattooing is among our most ancient art forms, dating back thousands of years.
Tattoos are a unique means of communicating. There is literally no alternative to tattoos as a means of making a permanent and personal commitment to the expression or concept portrayed by a tattoo. As symbolic speech, there is no equivalent to the statement made by a tattoo.
A peace symbol, a lover’s name, a dead child’s name or image, a cross or other religious symbol tattooed on a person’s body for display to the world or as a private remembrance is both personal and permanent.
The very indelibility of a tattooed symbol makes a statement that can not be made by another means.
Many tattoos are intended to make a specific statement, and arbitrary governmental efforts to curtail that expression will violate the First Amendment. The city’s interest in protecting public health and safety through zoning regulations must be balanced with constitutional rights, and such restrictions should be limited in scope to avoid overreaching.
In modern Japan, tattoo artists are addressed by a word that translates somewhat along the lines of “maestro.”
Chris is a “maestro.” He deserves the opportunity to practice his art in Tremont at Lemko Hall.
Chris and Dr. Chen are available to discuss their case. An official letter was sent by the city regarding the status of the zoning application. The need for strategic planning is clear, and having a comprehensive plan for land use and business development is essential for the community.
Background on Lemko Hall
Lemko Hall stands as a historic landmark in the heart of the city, uniquely positioned at the crossroads of residential areas and a vibrant mix of commercial uses. The building itself is surrounded by a diverse array of businesses, from pawn shops to tattoo parlors and even medical marijuana dispensaries, reflecting the city ordinance’s intention to foster a dynamic, mixed-use neighborhood. While the city staff has worked diligently to promote the area as a hub for creativity and commerce, the city ordinance also imposes important restrictions on what types of businesses can exist within its boundaries. These rules are designed to balance the interests of property owners, businesses, and residents, ensuring that public health and safety remain a top priority. As a result, certain commercial ventures require special exceptions to operate, especially when they are located close to residential areas. Despite these efforts to create a thriving neighborhood, some owners remain concerned about the potential impact of new businesses on the community’s character and well-being. This ongoing tension between growth and regulation is at the heart of the current debate over Lemko Hall’s future.
The Conflict Emerges
The seeds of conflict were sown when the Board at HOA, through its president, voiced strong objections to the proposed development of a new tattoo parlor within Lemko Hall. His concern centered on the belief that such a business would disrupt the building’s residential character. The HOA regulatiosn specifically prohibit such businesses as porno shops, massage parlors, and bars, but is silent as to tattoo studios.
The attorney representing the HOA has stated that commercial units are to be treated as residential units. However, this is not an accurate statement. The HOA regs clearly differentiate commercial units from residential: commerical are on the first floor, street level, and used for commerce; residenital are those units on the second and third floor, but can be used for business, if permitted by the city zoning laws.
Notwithstanding the HOA’s absurd position, the HOA does have jurisdiction to object to a business operating out of a residential unit if it interfere’s with the residential character of the building — which makes sense; but the HOA does NOT have the authority to selectively pick and choose which businesses it “likes” or make determinations if it interferes with the residential character of the building, if the business operates out of the first floor, commerical units zoned for regular commerce.
Social and Cultural Implications
The controversy over the tattoo parlor in Lemko Hall has far-reaching social and cultural implications, reflecting broader debates about the role of government in regulating business and personal expression. At the same time, the case has sparked conversations about the effectiveness of existing zoning laws and the need for more inclusive planning strategies that reflect the changing attitudes toward tattoos and the businesses that provide them. As tattoos become increasingly recognized as a legitimate form of artistic expression, the city’s efforts to promote a vibrant and diverse neighborhood are more important than ever. The situation at Lemko Hall serves as a powerful example of the complexities involved in land use and development, and the ongoing need for thoughtful, balanced regulations that support both community values and creative enterprise.
