COLUMBIA, SOUTH CAROLINA — A tattoo company and two prospective customers filed a federal lawsuit challenging South Carolina laws that restrict where tattoo parlors may operate and prohibit tattoos on the head, face or neck.
Tiny Zaps, a company from New York, intended to hold a temporary tattoo event at a hotel in downtown Charleston. They dropped the plan after learning that the hotel was within 1,000 feet of a church, which meant they could not get a state license for the event.
South Carolina law does not allow tattoo businesses to be licensed if they are within 1,000 feet of a church, school, or playground. Although the state legalized tattooing in 2004, it still does not permit tattoos above the neck.
Tiny Zaps and two South Carolina residents, Joshua and Stephanie McDonald, say these restrictions violate the First Amendment rights of both artists and customers. The McDonalds want tattoos on their heads or necks. Tiny Zaps argues that the location rule makes it almost impossible to operate in downtown Charleston.
The Pacific Legal Foundation, which represents the plaintiffs, argues that tattoos are a form of artistic expression protected by the Constitution, whether the art is on paper, fabric, or skin.
State health officials and Attorney General Alan Wilson, a Republican, have not responded to the complaint. The lawsuit asks the court to block enforcement of both restrictions.
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