In an action brought pursuant to 42 U.S.C. section 1983 alleging that the City’s zoning ordinances violate the First Amendment by unreasonably restricting plaintiff's ability to open and operate a tattoo shop in Long Beach, the district court's judgment to the City is reversed where: 1) plaintiff had standing to bring a facial First Amendment challenge to the zoning ordinances and that he was not required to apply for, and then be denied, a conditional use permit under a permitting system that allegedly gave City officials unfettered discretion over an expressive activity fully protected activity by the First Amendment; and 2) plaintiff raised a cognizable claim that the City's zoning ordinances constituted an unlawful prior restraint on speech.