Appeals court strikes down Southern Calif city’s tattoo parlor ban on free speech grounds

By Paul Elias, AP
Thursday, September 9, 2010

Appeals court strikes down tattoo parlor ban

SAN FRANCISCO — A federal appeals court has struck down a Southern California city’s ban on tattoo parlors, saying the operations are protected by free speech rights.

The ruling Thursday by the 9th U.S. Circuit Court of Appeals is the highest court ruling so far addressing tattoos and First Amendment guarantees.

The San Francisco-based appeals court overturned a lower court ruling upholding the ban in Hermosa Beach. The city had banned the businesses, arguing they were a risk to public health and safety.

Johnny Anderson sued the city after being denied a business license to open an outlet in the upscale beach town.

The court says the ban is an unconstitutional overreaction to the health concerns, which can be addressed through regulations to ensure sanitation.

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