South Carolina tattoo law faces First Amendment challenge. Here’s what to know
A New York tattoo startup is suing South Carolina over restrictions it says blocks it’s ability to expand while treating tattooing as second-class speech. The lawsuit targets rules that block tattoo shops near churches and schools and criminalize head, face and neck tattoos.
FULL STORY: Tattoo parlor sues South Carolina, saying tattoo law amounts to censorship
Here are key takeaways:
- Tiny Zaps Co., founded in 2024 by Sam Kelly and tattoo artist Bruno Levy, filed the complaint Friday in federal court in Charleston, arguing two state restrictions violate the First Amendment.
- One challenged rule bars licensing tattoo facilities within 1,000 feet of a church, school or playground, which the company says makes opening in Charleston’s historic core effectively impossible.
- A second law makes it a misdemeanor to tattoo the head, face or neck, carrying penalties of up to a year in jail and a $2,500 fine.
- Joshua and Stephanie McDonald of Fountain Inn joined as plaintiffs, saying they would seek additional tattoos, including on the head, face or neck, if state law allowed.
- Caleb Trotter, senior attorney with Pacific Legal Foundation, which is representing the plaintiffs for free, said, “South Carolina cannot treat tattooing as second-class expression based on stigma or discomfort.”
The summary points above were compiled with the help of AI tools and edited by journalists. The source reporting referenced above was written and edited entirely by journalists.
Javon L. Harris
The State