Court’s generally do not like to get into arguments over what constitutes artistic expression/art  unless it’s obscene.  Obscenity is easy. Courts know it when they see it.  How about an a tramp stamp? An “obscene”  tramp stamp?  Where does the  ink “hit the skin” 1st  Amendment wise?

John Anderson, a tattoo artist, thinks it hits it wherever he plies his trade.  The City Of Hermosa Beach, California disagreed. They denied his request to open a Tattoo Parlor.   It was denied on the basis of local zoning laws which do not  allow tattooing anywhere in the city. Officials claim the ban is justified as Anderson is only providing a service and not creating art.  They also argue that the parlors are  a risk to the public’s health, safety and welfare. The city also contends that tattooing poses health risks, creates “aesthetic concerns,” and would impose a financial burden on the city to provide adequate inspection and regulation.  Anderson claims  that this is a denial of  his 1st Amendment right of expression in tattooing.   The lower court agreed with Hermosa Beach. Tramp Stamp denied.

What will the 9th circuit do?  At 1st blush, it seems that the city of Hermosa Beach is correct int that they are simply regulating a service and not art. I’m not so sure.   The mechanical means of  placing  the tattoo  may be a service but the end result is art.  The service is already regulated to one degree or another all over the country. If you are going to regulate art, there had better be a compelling reason that can not be achieved in some lessor manner than an all out ban.  This is where the ink hits the skin.  The service aspect is already regulated in less intrusive manners.  The art tags right along with it.   Add the fact that this is the liberal California 9th circuit.  Wouldn’t shock me if some of the brethren on the bench were stamped.  The end result is that the service is already regulated and the total ban on the art will be stricken down as unconstitutionally broad.  Score a 1st Amendment victory for the Tramp Stamp.  I can’t define what one is but I know it when I see it. Potter Stewart would be proud.