TORRANCE (CBSLA) — Tattoo parlors in Torrance and Lengthy Seashore will stay closed throughout regional stay-at-home orders issued by Gov. Gavin Newsom, a federal judge dominated Wednesday, denying a bid by attorneys to reopen them.
The lawsuit was filed in Los Angeles federal court docket and alleges the stay-at-home order infringes on the First Modification free speech rights of tattoo artists and their purchasers.
Plaintiffs mentioned the closure is bigoted and unfair as a result of tattoo parlors pose much less threat than different companies, whereas already being topic to stricter health oversight than different industries by town and state.
U.S. District Decide Dale S. Fischer wrote within the ruling that the stay-at-home order “doesn’t single out these engaged in expressive exercise. Singling out by definition would require tattoo parlors to be handled uniquely from all different varieties of companies or to bear disproportionately the burden of the restriction.”
Fischer mentioned the order treats all private care companies – together with hair salons, bars, and amusement parks – the identical method.
“None of those different varieties of companies are engaged in protected expressive exercise,” the decide wrote.
The go well with, filed in September, names Newsom, Health Secretary Mark Ghaly, and appearing state Public Well being Officer Erica Pan as defendants.
Plaintiffs embody Tiffany Garcia, proprietor of Black Crow Tattoo in Torrance, and Tom Moser, who owns Port Metropolis Tattoo in Lengthy Seashore, together with outlets in Costa Mesa and Santa Ana.
In her order, Fischer included feedback from Dr. James Watt, chief of the division of communicable illness management with the California Division of Public Well being, who described the dangers related to tattoo parlors.
“Tattoo companies, and different private care companies, compared to retail companies, current a larger threat of COVID-19 transmission because of the actions involving shut bodily proximity of longer length in smaller airspace,” Watt mentioned.
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