South Carolina Ban on Face and Neck Tattoos Faces Constitutional Challenge
Summary
A tattoo company and two South Carolina residents have sued the state's Department of Health and Attorney General, challenging laws that ban tattoos on the head, face, or neck and restrict tattoo businesses from operating near schools, churches, or playgrounds. They argue these laws violate the First Amendment by unfairly restricting tattooing as a form of expression.Key Facts
- The lawsuit was filed by New York-based tattoo company Tiny Zaps and South Carolina residents Joshua and Stephanie McDonald.
- South Carolina bans tattooing on the head, face, or neck for consenting adults.
- The state prohibits tattoo businesses from opening within 1,000 feet of churches, schools, or playgrounds.
- The plaintiffs claim these laws treat tattoos differently from other protected forms of art and speech under the First Amendment.
- Courts in other regions have recognized tattooing as protected expression, though states regulate health and safety in the tattoo industry.
- Tiny Zaps had plans to open a pop-up tattoo shop in Charleston but postponed due to these restrictions.
- The lawsuit does not challenge general health and sanitation rules for tattooing, only the location and body part restrictions.
- The plaintiffs are represented by the Pacific Legal Foundation, a law firm that often challenges government regulations on constitutional grounds.
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