Top Arizona court rules tattooing as protected speech

Top Arizona court rules tattooing as protected speech

Arizona’s Supreme Court, stepping into a zoning dispute over a tattoo parlour, ruled on Friday that tattooing was a constitutionally protected form of free speech, the first such decision by any state high court in the country, lawyers said.
The ruling stemmed from a dispute between tattoo artists Ryan and Laetitia Coleman and the Phoenix valley city of Mesa, which denied the pair a business permit three years ago to set up shop in a local strip mall.
The Colemans, an American-French couple who live and work in the French city of Nice, originally applied to Mesa in July 2008 for a business permit, and city zoning staff recommended it be issued to them the following February. After a public hearing, the board voted to recommend the council deny the permit, arguing the shop was “not appropriate for the location or in the best interest of the neighbourhood”, according to court documents.
The Colemans filed a lawsuit in 2009 alleging violations to their rights to free speech, due process and equal protection under both the US and state constitutions. The suit was dismissed by the Maricopa County Superior Court.
“Recognising that tattooing involves constitutionally protected speech, we hold that the superior court erred by dismissing the complaint as a matter of law,” the state Supreme Court said in its ruling. reuters