I Heart ___!

That’s a template for a tattoo.

If your id prevails, you can get tattooed somewhere in Hermosa Beach (beautiful, as I recall). How do I know?  Because the Ninth Circuit Court of Appeals told us so:

We address a question of first impression in our circuit: whether a municipal ban on tattoo parlors violates the First Amendment. Although courts in several jurisdictions have upheld such bans against First Amendment challenges, see, e.g., Hold Fast Tattoo, LLC v. City of North Chicago, 580 F.Supp. 2d 656, 659-61 (N.D. Ill. 2008); Yurkew v. Sinclair, 495 F. Supp. 1248, 1253-55 (D. Minn. 1980); State v. Brady, 492 N.E.2d 34, 39 (Ind. Ct. App. 1986); People v. O’Sullivan, 409 N.Y.S.2d 332, 333 (App. Div. 1978); State v. White, 560 S.E.2d 420, 423-24 (S.C. 2002); Blue Horseshoe Tattoo, V, Ltd. v. City of Norfolk, 72 Va. Cir. 388, 390 (Cir. Ct. 2007), we respectfully disagree. We hold that tattooing is purely expressive activity fully protected by the First Amendment, and that a total ban on such activity is not a reasonable “time, place, or manner” restriction.

Read today’s opinion and then tell me it doesn’t leave a mark.

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