Court Strikes Down Tattoo Parlor Ban in Hermosa Beach

Man sued city after being denied business license

By Gil Cunha
|  Thursday, Sep 9, 2010  |  Updated 4:11 PM PST
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First Amendment Protects Tattoos in Hermosa Beach

AFP/Getty Images

A court decides that Hermosa Beach cannot ban tattoo parlors.

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The city of Hermosa Beach cannot ban tattoo parlors, according to a federal appeals court, which on Thursday struck down the city's ban, 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.

Posted Thursday, Sep 9, 2010 - 12:35 PM PST
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