Since the shop opened last April, Tombstone Territorial Firearms co-owner James Thomas has used LED signs, which read "OPEN" and "GUNS," in his window to attract customers.

Now, almost a year after the grand opening, officials cited Thomas for violating a city ordinance that bans the use of blinking, flashing and revolving lights or otherwise bright lights in the Schieffelin Historic District.

Under the ordinance, "Design and Signage Guidelines," rules for such lights are spelled out in two sections: Exteriors and Signs.

Under the "Signs" section the ordinance reads, "No sign that flashes, blinks, revolves, or is otherwise in motion, or that employs neon or similar glowing technology, shall be permitted as part of any sign."

The ordinance specifies in "Exteriors" that there is a jurisdiction over the "...exterior of all buildings located within the designated historic districts..."

Thomas is questioning whether the city or Historic District Commission (HDC), which works to preserve Tombstone's western heritage, has jurisdiction over the interior of his shop.

"Why are they going after my itty bitty 'open' sign?" Thomas said. "The ordinance is so vague when it comes to the interior and no where does it say 'interior.'"

The ordinance further states that the burden of proof for an owner who contests their citation rests on the defendant's ability to prove that such lights were used in the 1800s.

Thomas doesn't have anything solid to show that signs such as his were around more than 100 years ago, but he still contends that because the ordinance does not state clear jurisdictional boundaries, he should be able to keep his sign.

"They have complete control over the outside," Thomas said, "I understand that, but when it comes to the inside of the shop, that's where I won't be bullied."
City officials believe the signs threaten the city's historical status.

"We have to maintain the historic heritage of the city," said Marshal Larry Talvy. "If we keep those lights, it may have a detrimental effect on our status."

Talvy said that before the city cites business owners, certain obligations must be met. First, the HDC files a written notice of violation to the owner. Ten days later, a second written notice is filed, and only after failure from the business owner to comply will the business be cited.

"The city followed procedures and I saw all the documents," Talvy said. "Though business owners might disagree, they've got to respect the laws of being owners on historic property."

Business owners who do not comply can be fined up to $100 each day for each sign, according the ordinance. Thomas was cited $50, which he will contest in court March 18.

"It's all going to come down to how the judges and attorneys interpret that ordinance," said Talvy.

Don Taylor, Chamber of Commerce president and commission member, agreed that the citation helps protect Tombstone's historical status.

"We are a national historic district and there were no neon signs in the 1800s," Taylor said. "Existing owners have tried the same thing and they got caught. We've made others take down their signs too."

When asked about why the Larian Motel, also along Fremont Street and one of the oldest businesses in town, got to keep its bright neon "Motel" sign up, Taylor said that the sign had been grandfathered in.

"That sign was up well before the Historic Commission was created, so we left them alone," he said. The Larian opened in 1954 while the ordinance was implemented in the 1990s.

Taylor did not return phone calls questioning why shops along Allen Street as well as stores such as Tombstone General Store have lighted "ATM," "Budweiser" and "Bud Light" signs up. These signs are easily visible from the street.

General store owner Kaye Thompson said she did not "ask for anyone's permission to hang the neon signs" and had not yet been "harassed" by city officials because of them.

"With this issue now," said Thompson, "I guess I can expect to be asked to take down my signs."

Taylor said though business owners are not required to read the city ordinances before opening their shops, "they should."

The gun shop, located at 416 E. Fremont St., is the first this year to be cited under the city's sign ordinance.