Archive for Tattoo Laws
Hermosa Beach Tattoo Parlor Ban
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Back in 2010 there was a big furor about the city of Hermosa Beach deciding to ban all tattoo parlors in the city. It all began when tattoo artist Johnny Anderson decided to push to have the city allow him to open a new location of Yer Cheat’n Heart, his tattoo parlor Gardena. He was very interested in an area that happened to be in nearby Hermosa Beach, a small beach community is Southern California. But the city continued to rebuff his efforts.
City Claims Health Risk
When Anderson applied for a city license he was told that tattoo parlors posed a health risk in the city and so Hermosa Beach did not allow them. When asked to clarify, they stated that the “open wounds” that are created in a tattoo could lead to infection and disease. In support of their claim, the lone tattoo parlor inspector in Los Angeles County said that he saw many violations and plenty of tattoo parlors that do not follow proper hygiene rules.
9th Circuit Ruling Protects First Amendment Rights
When Anderson took the battle regarding tattoo regulations to the courts, he spent three years fighting the city-wide ban on tattoo shops. Finally the court case came before the Court Circuit of appeals that ruled Anderson was entitled to his First Amendment right of freedom of expression. The court ruled that it still applied to tattoo parlors and that freedom of speech should not be abrogated simply because it was on a person’s body.
Today several tattoo parlors have opened in Hermosa Beach. Although the city was not happy with another tattoo parlor that opened with a punk rock concert that it was not licensed for, it looks like tattoo parlors are here to stay. And that suits tattoo artists Johnny Anderson just fine.
Hermosa Beach Tattoo Parlor Ban
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Many were denied a legal business license to open a tattoo studio in Hermosa Beach, California. Hermosa Beach is a small city in the Los Angeles County and is popular for sunbathing, paddleboarding, beach volleyball and surfing. The city itself is only about forty blocks from north to south and fifteen blocks from east to west.
The city banned tattoo studios claiming it is because of health and safety concerns. Johnny Anderson was one among the many who were denied the right to set up shop in the upscale beach town. Anderson, who is a co-owner of Yer Cheat’n Heart Tattoo in Gardena (another city in the Los Angeles County), sued the city in 2006 after he was repeatedly denied the license.
This city ban was declared unconstitutional by the U.S. 9th Circuit Court of Appeals based in San Francisco, stating that tattooing is a protected speech. “The tattoo itself, the process of tattooing, and the business of tattooing are forms of pure expression fully protected by the First Amendment,” wrote Judge Jay S. Bybee for the three-judge panel.
The federal Court of Appeals ordered the city to allow tattooing in at least some of its areas set aside for business, stating a total ban is “facially unconstitutional” and that the ban is an unreasonable over-reaction. There can be health regulations, said the panel, but not a ban. “We disagree with the basic premise underlying the conclusions of both the City and the lower courts that have considered this issue,” Bybee wrote thus paving the way for tattoo businesses to be established in the city.
Shortly after the ruling was announced, City Attorney Michael Jenkins said in a statement to the press that the city leaders are “disappointed by the decision.” Attorney Jenkins had argued that Anderson’s work does not rise to the level of art, and that he is merely “providing a service,” according to court documents. The “City Council places a priority on protecting the public’s health and safety, and it adopted this ordinance because of the potential health hazards caused by unsanitary tattoo practices,” said Jenkins. He went on to say that City Council will review the ruling at an upcoming meeting to determine its next course of action.
The federal Court of Appeals’ decision is thus far the highest court ruling that addresses tattoos and the First Amendment Protection. “[The city] thinks it’s going to attract the wrong element into their city, the undesirables,” said Anderson. “Tattoos are not just for sailors and fallen women. The class of people they’re worried about can’t afford the going rate.”
Why Do Some Tattoos Fade Over Time?
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People have thought about tattoos – how it will affect their lives, their chances of landing the job they really want, how it affects others’ perception of them etc. and they have come to terms with it, but what most people don’t think about is that these permanent tattoos are not actually permanent. Yes their mark on your skin will always remain but it will never look the same as it did the day you first got them done.
Tattoos are cool but not when they are all faded, sagging or shriveled up! I guess this is where the body part used for tattoos plays an important role. Every part of your body will age with time and there’s nothing we can do about that! But we sure can save some of our tattoos from fading prematurely.
Tattoos on the arms or shoulders tend to fade faster then those on butts or bellies mainly due to their exposure to the sun. By using sun block lotions and periodically getting touch ups on those that are exposed to the sun; you can save some of those old tattoos from becoming a faded mess.
Some people grapple with fading tattoo issues when in fact the tattoo is pretty new. This can happen for a lot of reasons – either the tattoo artist has failed to apply the ink correctly or you have failed to follow the after care instructions carefully.
Keep the following pointers in mind:
Like any other wound, tattoos also need time to heal. Be sure to take off the bandage covering your tattoo after an hour or two. To avoid scabbing of the skin make sure you remove all traces of blood by washing the tattoo with your fingertips using a mild antibacterial soap and apply some ointment.
Give the tattoo at least two weeks to heal completely. You can say goodbye to those long baths or showers during this period; also avoid swimming, sitting in saunas and hot tubs. Keep your showers as short as possible. Keep the tattoo well moisturized to avoid scabbing, but beware of overly moisturizing it (this may cause blotchy tattoos) – it’s a thin balance really!
Be sure not to scratch, pick or scrub your tattoos. This is very harsh on a tattoo and causes the colors to fade quickly. For this reason tattoos on your hands or feet are usually not guaranteed. It also takes longer for tattoos on these parts to heal, so be patient and allow it to heal right so you can keep it looking good for a while!
Tattoo Laws for Minors: Know the Risks
Posted by: | CommentsThis site gets quite a few visitors looking for information on tattooing minors. If you want to see the laws on whether a minor can get a tattoo, a chart listing the legal tattoo ages for minors in the U.S. is provided in the article titled U.S. Tattoo Laws for Minors.
Several people have asked what to do if they actually find a tattoo shop or tattoo artist that will give them a tattoo, even though they’re underage according to their state laws. The answer is simple: no reputable tattoo shop will break the law in order to give a minor a tattoo. Doing this puts them at risk for losing their business license. Additionally, the tattoo artist that does this could face possible legal action taken by the parents of the minor.
If you find a tattoo artist that’s willing to tattoo a minor, ask yourself these questions:
- who will you turn to if you develop an infection as the result of getting an illegal tattoo?
- are you willing to risk serious health risks (i.e., blood-bourne diseases like Hepatitis B, HIV)?
- how do you know if the person properly sterilizes the multi-use instruments? The proper way is to use an autoclave.
- how can you ensure that the person doesn’t use inks that have been used on someone else?
- is the work area sanitized with disinfectant products?
- does the person take precautions to avoid cross-contamination of instruments and supplies?
Bottom line: if you’re under the legal age to get a tattoo simply wait until you’re of age. It’s not worth the health risk and the lasting damage that could be done to your body.
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