Appeals Court Ends Tattoo Parlor Ban in Calif. City

[Guest guest]

CDC 09-11-10

CALIFORNIA: " Appeals Court Ends Tattoo Parlor Ban in Calif. City "

Associated Press (09.09.10):: Elias

On Thursday, the US 9th Circuit Court of Appeals struck down a southern

California city's ban on tattoo parlors. Tattooing is a form of artistic

expression and is thus entitled to free speech protection under the US

Constitution, the three-judge panel ruled unanimously.

Though several state courts and federal trial courts have upheld similar

prohibitions in other US cities, the decision now makes such bans

unconstitutional in the nine western states that must comply with 9th Circuit

rulings.

The city of Hermosa Beach had argued that tattoo parlors threaten public health

and attract a crime-prone clientele. " The Hermosa Beach City Council places a

priority on protecting the public's health and safety, and it adopted this

ordinance because of the potential health hazards caused by unsanitary tattoo

practices, " said the city's attorney, .

In 2007, ny sued the city after it refused to let him relocate his

Yer Cheat'n Heart Tattoo studio from Gardena to Hermosa Beach, which is closer

to his home and family. said Hermosa Beach officials have " an outdated

notion that only sailors and fallen women get tattoos, which isn't the case.

Everybody gets a tattoo these days. "

Circuit Judge Jay Bybee, writing for the panel, called the city's ban

" substantially broader than necessary to achieve the city's significant health

and safety interests and because it entirely forecloses a unique and important

method of expression. " The ban represents an unconstitutional overreaction to

health concerns that can be addressed through regulations, the court said.

The US Supreme Court is unlikely to hear the case, said Choper, a free

speech expert and law professor at the University of California-Berkeley, who

noted that Bybee is a politically conservative judge.

[Guest guest]

CDC 09-11-10

CALIFORNIA: " Appeals Court Ends Tattoo Parlor Ban in Calif. City "

Associated Press (09.09.10):: Elias

On Thursday, the US 9th Circuit Court of Appeals struck down a southern

California city's ban on tattoo parlors. Tattooing is a form of artistic

expression and is thus entitled to free speech protection under the US

Constitution, the three-judge panel ruled unanimously.

Though several state courts and federal trial courts have upheld similar

prohibitions in other US cities, the decision now makes such bans

unconstitutional in the nine western states that must comply with 9th Circuit

rulings.

The city of Hermosa Beach had argued that tattoo parlors threaten public health

and attract a crime-prone clientele. " The Hermosa Beach City Council places a

priority on protecting the public's health and safety, and it adopted this

ordinance because of the potential health hazards caused by unsanitary tattoo

practices, " said the city's attorney, .

In 2007, ny sued the city after it refused to let him relocate his

Yer Cheat'n Heart Tattoo studio from Gardena to Hermosa Beach, which is closer

to his home and family. said Hermosa Beach officials have " an outdated

notion that only sailors and fallen women get tattoos, which isn't the case.

Everybody gets a tattoo these days. "

Circuit Judge Jay Bybee, writing for the panel, called the city's ban

" substantially broader than necessary to achieve the city's significant health

and safety interests and because it entirely forecloses a unique and important

method of expression. " The ban represents an unconstitutional overreaction to

health concerns that can be addressed through regulations, the court said.

The US Supreme Court is unlikely to hear the case, said Choper, a free

speech expert and law professor at the University of California-Berkeley, who

noted that Bybee is a politically conservative judge.

[Guest guest]

CDC 09-11-10

CALIFORNIA: " Appeals Court Ends Tattoo Parlor Ban in Calif. City "

Associated Press (09.09.10):: Elias

On Thursday, the US 9th Circuit Court of Appeals struck down a southern

California city's ban on tattoo parlors. Tattooing is a form of artistic

expression and is thus entitled to free speech protection under the US

Constitution, the three-judge panel ruled unanimously.

Though several state courts and federal trial courts have upheld similar

prohibitions in other US cities, the decision now makes such bans

unconstitutional in the nine western states that must comply with 9th Circuit

rulings.

The city of Hermosa Beach had argued that tattoo parlors threaten public health

and attract a crime-prone clientele. " The Hermosa Beach City Council places a

priority on protecting the public's health and safety, and it adopted this

ordinance because of the potential health hazards caused by unsanitary tattoo

practices, " said the city's attorney, .

In 2007, ny sued the city after it refused to let him relocate his

Yer Cheat'n Heart Tattoo studio from Gardena to Hermosa Beach, which is closer

to his home and family. said Hermosa Beach officials have " an outdated

notion that only sailors and fallen women get tattoos, which isn't the case.

Everybody gets a tattoo these days. "

Circuit Judge Jay Bybee, writing for the panel, called the city's ban

" substantially broader than necessary to achieve the city's significant health

and safety interests and because it entirely forecloses a unique and important

method of expression. " The ban represents an unconstitutional overreaction to

health concerns that can be addressed through regulations, the court said.

The US Supreme Court is unlikely to hear the case, said Choper, a free

speech expert and law professor at the University of California-Berkeley, who

noted that Bybee is a politically conservative judge.

[Guest guest]

CDC 09-11-10

CALIFORNIA: " Appeals Court Ends Tattoo Parlor Ban in Calif. City "

Associated Press (09.09.10):: Elias

On Thursday, the US 9th Circuit Court of Appeals struck down a southern

California city's ban on tattoo parlors. Tattooing is a form of artistic

expression and is thus entitled to free speech protection under the US

Constitution, the three-judge panel ruled unanimously.

Though several state courts and federal trial courts have upheld similar

prohibitions in other US cities, the decision now makes such bans

unconstitutional in the nine western states that must comply with 9th Circuit

rulings.

The city of Hermosa Beach had argued that tattoo parlors threaten public health

and attract a crime-prone clientele. " The Hermosa Beach City Council places a

priority on protecting the public's health and safety, and it adopted this

ordinance because of the potential health hazards caused by unsanitary tattoo

practices, " said the city's attorney, .

In 2007, ny sued the city after it refused to let him relocate his

Yer Cheat'n Heart Tattoo studio from Gardena to Hermosa Beach, which is closer

to his home and family. said Hermosa Beach officials have " an outdated

notion that only sailors and fallen women get tattoos, which isn't the case.

Everybody gets a tattoo these days. "

Circuit Judge Jay Bybee, writing for the panel, called the city's ban

" substantially broader than necessary to achieve the city's significant health

and safety interests and because it entirely forecloses a unique and important

method of expression. " The ban represents an unconstitutional overreaction to

health concerns that can be addressed through regulations, the court said.

The US Supreme Court is unlikely to hear the case, said Choper, a free

speech expert and law professor at the University of California-Berkeley, who

noted that Bybee is a politically conservative judge.