State judge rubs out Massachusetts tattoo ban
By The Associated Press
10.24.00
Printer-friendly page
BOSTON — A Massachusetts law banning tattooing except by
physicians has been deemed unconstitutional by a judge who suggested the state
would be better served by licensing and regulating the industry.
The tattoo ban dates to the 1960s and was challenged this year by
Martha's Vineyard residents John R. Parkinson and Stephan A. Lanphear. Their
lawsuit, filed in conjunction with the American Civil Liberties Union, claimed
that marking the human body is a protected form of expression.
Superior Court Judge Barbara Rouse agreed yesterday.
"Tattooing is an ancient art form which has been practiced in
virtually ever culture," Rouse wrote. "Tattoos demonstrate commitment to
political and personal beliefs."
Lanphear, a licensed tattoo artist in New York City, wants to open a
studio on Martha's Vineyard. Parkinson, who has acquired several tattoos in
other states, said he wants to get them at home without breaking the law.
Tattooing in Massachusetts had been punishable by up to a year in jail
or a $300 fine. South Carolina and Oklahoma also treat tattooing as a
crime.
A proposed bill lifting the Massachusetts ban was not enacted before
this year's legislative session ended.
The state Health Department had opposed lifting the ban, citing
concerns about the possible spread of the HIV and hepatitis viruses through
contaminated needles.
The judge said health concerns could be addressed best by adopting
licensing standards. She added that the ban had led to an underground industry,
posing a greater risk.
Update
Massachusetts judge temporarily revives tattoo ban
Court gives state health officials until Jan. 31 to ink new regulations.
11.21.00
Related
S.C. high court upholds state's tattoo ban
Justices rule 'process of injecting dye to create the tattoo is not sufficiently communicative to warrant protections and outweigh the risks to public safety.'
03.05.02
S.C. judge slaps tattoo artist with 5-year probation
Attorney argues state's tattooing ban is unconstitutional, citing recent decision by Massachusetts judge striking down that state's law.
11.01.00
Tattoo fans assert Massachusetts' ban violates free-speech rights
Lawsuit claims act of marking the human body is a form of expression, a cultural legacy practiced for thousands of years in virtually every culture.
04.28.99
ACLU asks judge to scratch Massachusetts' tattooing ban
Tattoo fans say that marking the human body is a form of expression; commonwealth's attorney argues practice is really a health issue.
04.19.00
S.C. high court scrutinizes state's tattoo ban
Justices needle lawyers over question of whether practice is an issue of free speech or public health.
11.15.01
