According to a report by Axios, a hair braiding business owner in South Fulton, Georgia, has filed a lawsuit against the city after being denied a Special Use Permit to open her shop. This legal dispute highlights the tension between local government regulations and the entrepreneurial drive to start new businesses.
What is a Special Use Permit?
A Special Use Permit allows property owners to use their land in ways not typically permitted under current zoning laws. These permits are granted based on the business’s compatibility with the surrounding area and are subject to public hearings and city council approval. The aim is to balance growth while ensuring no negative impact on the community.
In South Fulton, certain businesses, like beauty salons, must obtain a special use permit if they wish to operate within a one-mile radius of an existing similar business. City officials argue that this policy is designed to prevent oversaturation and promote diverse business growth.
The Lawsuit
Awa Diagne, represented by the Institute for Justice, sued South Fulton after her permit application was denied due to the proximity of another salon. Her attorney referenced a 2023 Supreme Court ruling prohibiting cities from blocking new businesses to protect existing ones from competition.
Opposition and Differentiation
The denial of Diagne’s permit was influenced by opposition from a nearby salon owner. Diagne, however, argued that her shop, specializing exclusively in hair braiding, would be different from the nearby salon, which offers a range of hair services.
Legal Implications
As the case moves to Fulton County Superior Court, its outcome could shape local business regulations and influence how cities manage economic development. For businesses facing similar issues with special use permits, it’s crucial to understand zoning requirements and seek legal assistance when necessary.
At Chilivis Grubman, our land use and zoning attorneys are here to help with special use permit filings and other legal needs related to business development. If you need assistance, contact us.
Sources:
[1] https://www.axios.com/local/atlanta/2024/09/09/georgia-lawsuit-hair-braiding
[2] https://peachpundit.com/2024/09/09/city-of-south-fulton-sued-over-denial-of-braiding-salon/
[3] https://ij.org/press-release/city-of-south-fulton-sued-for-anti-competitive-action-blocking-business-application-city-claims-new-business-would-provide-too-much-competition-with-existing-shops/
[4] https://www.wsbtv.com/news/local/south-fulton-county/woman-sues-city-south-fulton-denying-her-business-permit/EPN42SFBUJFINNCBXCSBIHQSOE/
[5] https://www.yahoo.com/news/woman-sues-city-south-fulton-020553781.html
[6] https://www.allsides.com/news/2024-09-09-0415/business-woman-sues-city-denied-permit-open-hair-braiding-business
[7] https://reason.com/?p=8295011
[8] https://ij.org/press-release/public-interest-law-firm-calls-on-city-of-south-fulton-to-allow-african-hair-braiding-business-to-open/