The community of Alberta has yet to complete the rebuilding process necessitated by the EF4 tornado that devastated the city on April 27, 2011.

City Councilman Kip Tyner, who represents the Alberta district, said he wants to rebuild the community to its former glory, but one business on University Boulevard is having to fight to remain a part of the community.

Todd Boling and Jason Lightsey, owners of The Tattoo Experience, located at 2703 University Blvd. East, are fighting to keep their tattoo parlor up and running. The shop has operated from its current location for 21 years, but due to structural damage wrought by the tornado, Boling said he fears the landlord will sell the property.

Though Boling and Lightsey found a new property on University Boulevard, Boling said due to the new zoning code, they would not be able to open a business there.

According to the zoning codes passed by the City Council in January, the stretch of University Boulevard running through Alberta is a mixed-use zone.

This means that certain businesses – including tattoo parlors – are restricted to one per block front or 300-feet apart from each other. Boling said these restrictions are in violation of his First Amendment rights.

“It just doesn’t seem American to me,” he said. “They don’t have the right to tell businesses what they can and can’t do.”

The battle stems from an institutional attack on tattooing in general, Boling said.

“I had to listen to [the City Council] say that my business was undesirable,” he said. “They don’t realize this is how we support our families.”

Tyner said he drew his plan from other areas of the city with similar zoning codes, and it is an issue of bettering the city rather than attacking tattoo parlors. While the zoning code currently place restrictions on where tattoo parlors can do business, Tyner said he wants to prohibit their operation entirely since they could turn away potential developers.

“The problem with tattoo parlors is just the stigma,” Tyner said. “Tattoo parlors are just associated with areas of high crime and low income.”

Despite the option to take his business to another part of town, Boling said his location in Alberta is a key part of his business.

“I have put so much into making this a successful building in this part of town,” Boling said. “Our plan now is to do everything we can.”

Boling started a petition and is relying on the support of the community to change the minds of the City Council, he said. The city’s legal department said the city is completely within its legal rights, Tyner said.

The City Council will vote on the issue in October. A public hearing is scheduled for Sept. 17 at 5 p.m. at City Hall.