(CNS) Posted Thursday September 8, 2010 - 2pm
A federal appeals court today overturned the city of Hermosa Beach's ban on tattoo parlors.
A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled that tattooing is a "unique and important method of expression' protected by the constitutional right of free speech, and the seaside city's ban was "unreasonable.'
Hermosa Beach had cited health and safety concerns as the primary reason for the ban.
The city's anti-ink measure was challenged in a civil rights lawsuit filed in Los Angeles federal court in 2007 by Johnny Anderson, a tattoo artist with a shop in Gardena and the desire to expand into Hermosa Beach.
"I'm thrilled and excited about the news,' the 34-year-old Anderson said. "It forces Hermosa to allow tattoo shops to open. The court said tattooing is protected under freedom of expression.'
Anderson, a South Bay native, said Hermosa's health and safety concerns were ``outdated' and actually reflected a fear of "undesirables' in the tiny town.
"Tattoos aren't just for sailors anymore,' Anderson said, adding that it wasn't beyond reason to imagine the "sons, wives and daughters' of Hermosa officials getting them.
A call for comment to an attorney who represented the city in the lawsuit was not immediately returned.
In the ruling, U.S. Circuit Court Judge Jay S. Bybee wrote that tattooing is "a process like writing words down or drawing a picture except that it is performed on a person's skin.'
