Tattoo Equals Free Speech: Court

 A federal appeals court in San Francisco has ruled tattooing is a form of free speech.  The ruling not only effects all of California, but the other nine western states that fall under the 9th Circuit.

A three-judge panel ordered the Southern California city of Hermosa Beach to allow tattoo parlors to operate

Judge Jay Bybee wrote that tattooing is a "unique and important  method of expression," protected by the constitutional First Amendment right  of free speech.

Hermosa Beach, with a population of about 19,000, had a ban on any  type of tattoo parlor. City officials cited health and safety concerns.

Several state courts and federal trial courts have upheld similar bans in other cities across the country.  Free speech expert Jesse Choper said it's unlikely the U.S. Supreme Court would take up the case if appealed, noting that Bybee is a politically conservative judge.

The measure was challenged in a federal civil rights lawsuit in  2007 by Johnny Anderson, a tattooist who had a shop in city of Los Angeles and wanted to set up in Hermosa Beach.

He said in a court filing, "The tattoo designs that are applied by  me are individual and unique creative works of visual art, designed by me in  collaboration with the person who is to receive the tattoo."

The appeals court said the city's health concerns could be taken care of through regulation of tattooing, rather than an absolute ban on all  tattoo parlors in the city.

The court said the free-speech right applies to both tattooists  and their clients and to the process of tattooing as well.

 Bybee wrote, "Tattooing is a process like writing words down or  drawing a picture except that it is performed on a person's skin."

He said, "The tattoo cannot be created without the tattooing  process any more than the Declaration of Independence could have been created  without a goose quill, foolscap and ink."

Under state law, tattooists must register with county health  departments. Hermosa Beach officials argued that they were concerned that Los  Angeles County had only one inspector to monitor nearly 300 local tattoo  parlors.

Hermosa Beach City Attorney Michael Jenkins said the city was disappointed with the ruling and hasn't decided whether to appeal.

Bay City News contributed to this report.

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