NYC Tattoo Shop Sues South Carolina Over Laws
A tattoo shop based in New York City, Tiny Zaps, is taking legal action against South Carolina officials, claiming that two state laws infringe upon their First Amendment rights. The shop, which operates two locations in NYC, filed a federal lawsuit targeting Public Health Director Dr. Brannon Traxler and Attorney General Alan Wilson.
The lawsuit challenges a buffer law that forbids tattoo parlors from setting up within 300 feet of schools, churches, and playgrounds. Alongside that, it also tackles the state’s ban on tattooing areas of the head, face, and neck. Tiny Zaps argues that these legislation not only treat tattooing as a lesser form of expression but also hinder their plans to expand into Charleston.
The owners assert that tattoos are a legitimate form of artistic expression protected by the First Amendment, and they believe South Carolina’s laws are unjustly restrictive. They emphasize that art, whether on a canvas or someone’s skin, deserves protection under the Constitution.
Additionally, the lawsuit argues that the buffer laws imposed by health officials aren’t truly related to health benefits, particularly since they do not apply to other businesses offering similar services, like body piercing.
Interestingly, until 2004, South Carolina was one of only two states, the other being Oklahoma, where tattoos were entirely banned. In a previous decision from 2002, the state Supreme Court upheld this ban, framing tattoos as not worthy of First Amendment protections. The U.S. Supreme Court chose not to intervene in that appeal, allowing the state’s ruling to stand.
The Tiny Zaps lawsuit claims that these regulations stem from misguided views of what constitutes artistic expression. Since the South Carolina Supreme Court ruling, other federal courts have recognized tattooing as protected speech, as highlighted by a Ninth Circuit ruling in 2010 that overturned bans on tattoo parlors in California.
Tiny Zaps, together with a couple from South Carolina, Joshua and Stephanie McDonald, is seeking a permanent injunction against both laws to prevent their enforcement.
