Tattoo Company Sues South Carolina Officials Over Head, Face and Neck Tattoo Ban

A tattoo company and two South Carolina residents sued state officials on July 17, alleging that South Carolina's restrictions on tattooing the head, face or neck violate the First Amendment right to free expression, Usa Today reported. The complaint states that the restrictions treat tattooing differently from other forms of art.

"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 complaint said.

Tiny Zaps has been in talks with a national operator to open a pop-up shop at a boutique hotel in Charleston, but the state rules stalled those plans, according to the complaint. Violating the ban is a misdemeanor punishable by a fine of up to $2,500 and up to one year in prison. The lawsuit names State Public Health Director Dr.

Brannon Traxler and Attorney General Alan Wilson as defendants. It asks the court to declare that the restrictions violate the First and Fourteenth Amendments and to enjoin enforcement of the laws. The complaint noted that South Carolina does not impose the same restrictions on piercings.

Pacific Legal Foundation senior attorney Caleb Trotter said in a July 17 statement that the state cannot treat tattooing as second-class expression based on stigma or discomfort, and that Tiny Zaps and its customers deserve the freedom to create and receive lawful art without unconstitutional barriers.

Usa Today reached out to the Department of Public Health and the South Carolina Attorney General’s Office for comment.