Expanding NYC tattoo shop sues South Carolina over state’s ‘unconstitutional’ buffer law and face-ink ban

A tattoo shop based in New York City is pursuing a federal lawsuit against South Carolina state officials, claiming two state laws infringe on their First Amendment rights. 

Tiny Zaps Co., which operates two locations in New York City, has taken legal action against South Carolina’s public health director, Dr. Brannon Traxler, and Attorney General Alan Wilson. The lawsuit challenges a buffer law that prohibits tattoo shops from setting up within 1,000 feet of a church, school, or playground. It also contests the state’s ban on tattooing “any part of the head, face, or neck” of another person, as outlined in the suit. 

The company, with outlets in Manhattan and Brooklyn, contends that these state laws unfairly classify tattoos as a lesser form of speech under the First Amendment, thereby hindering their planned expansion into Charleston.

The lawsuit contends that tattoos are a form of artistic expression protected under the First Amendment, asserting that South Carolina cannot lawfully treat tattooing as an unfavorable type of expression. 

The lawsuit further claims that the buffer rule, enforced by state health officials, is not genuinely related to health and does not apply to other businesses like those offering piercing services. 

Until 2004, South Carolina, along with Oklahoma, was one of the few states that prohibited tattooing. The state’s Supreme Court had previously upheld this ban in a 2002 decision, rejecting First Amendment protection for tattooing.

The federal Supreme Court has not addressed whether tattooing is protected speech and declined to review an appeal in the same year as South Carolina’s ruling, leaving the state decision unchallenged.

Tiny Zaps, together with South Carolina residents Joshua and Stephanie McDonald, is seeking a permanent injunction to prevent the enforcement of these laws.