Tattoo

Tuesday, December 28, 2010

Tattoos are free speech protected by Constitution

Tattoos are free speech protected by ConstitutionThis is huge and it's implications may go beyond zoning restrictions and even affect cases related to employment discrimination, for example. I read the full decision and will give y'all the highlights but first some background to the case:

amazing news on the tattoo law front! The U.S. 9th Circuit Court of Appeals ruled, in Johnny Anderson v. City of Hermosa Beach, that "tattooing is purely expressive activity fully protected by the First Amendment, and that a total ban on such activity is not a reasonable 'time, place, or manner' restriction."

Last May, in our First Amendment & Tattoos post, they first mentioned the Appellate Court agreeing to review the case of Johnny Andersen of Yer Cheat'n Heart Tattoo against Hermosa Beach, CA. Johnny desired to relocate to Hermosa Beach but was denied because zoning laws prohibited tattooing in the city. He sued in 2006 and lost because the lower court found that tattooing was a service and "'not sufficiently imbued with elements of communication" to be protected as speech.

Wrong! according to today's published decision by the Appellate Court, and they rip it apart.

So, I'll actually use my law license for some nice today and break it all down for you. I'm picking out some key elements that may help other tattoo artists facing similar restrictions on doing business and hopefully we'll see more wins as well.

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