A New York City-based tattoo shop, Tiny Zaps Co., has filed a federal lawsuit against South Carolina officials, challenging state laws that prohibit tattoo parlors from operating within 1,000 feet of a church, school, or playground and ban tattooing on the head, face, or neck.
The lawsuit, filed against public health director Dr. Brannon Traxler and Attorney General Alan Wilson, asserts that these laws infringe upon the First Amendment rights of artists and their customers by treating tattooing as an inferior form of speech. Tiny Zaps Co., which has two locations in Brooklyn, New York, aims to open a new shop in Charleston, South Carolina, but claims these regulations are obstructing its expansion.
Attorneys for Tiny Zaps argue that tattoos constitute artistic expression protected by the Constitution, asserting that "whether artwork appears on canvas, paper, or skin, the Constitution protects both the artist’s right to create it and the customer’s right to receive it." The suit contends that the buffer law is not a genuine health measure, especially since it does not apply to businesses offering piercing services.
South Carolina previously outlawed tattooing entirely until 2004. The state Supreme Court upheld this prohibition in a 2002 decision that denied First Amendment protection to tattooing. The U.S. Supreme Court declined to hear an appeal of that ruling. However, the lawsuit challenges this precedent, calling it an "outdated premise." Several federal courts have since recognized tattooing as protected speech, including a 2010 Ninth Circuit ruling that overturned a California city's ban on tattoo parlors.
Tiny Zaps Co., along with South Carolina residents Joshua and Stephanie McDonald, is seeking a permanent injunction to block the enforcement of both the buffer law and the ban on tattooing the face, head, and neck.