In keeping with its zoning ordinances which prohibit tattoo parlors in city limits, Hermosa Beach, California has refused to license a shop for tattoo artist Johnny Anderson, owner of Yer Cheat'n Heart in a nearby less affluent town. Anderson claims that his freedom of expression is being violated by the zoning codes and has filed suit.
The city claims that tattoos are a risk to the city's health, safety, and welfare; the "unhealthy mutilation" and the potential for infection overrides, in their viewpoint, Anderson's assertion that artistic expression is a protected First Amendment right. Anderson's case, by the way, has reached California's Ninth District Court and is supported by some con law professors.
Heather blogged that individual rights end where the rights of others begin. I have to admit that I'd prefer not to live next door to a tattoo parlor, strip club, or even a fast food restaurant with an all night drive up window.
So don't the folk of Hermosa Beach have the right to decide what is in their backyards?
But where do their rights end?
Anderson can always create his "art" somewhere else, but what if a community refuses the Klan or Tea Partiers a permit to march because it risks the "health, safety, and welfare" of the community?
What if a community bars low end apartments and homes to keep "undesirables" out?
What if a community districts schools in ways that create racial quotas?
What if a Mapplethorpe exhibition is barred?
What if the "risk" is a book?