A federal decide on Wednesday, Dec. 23 denied a bid by attorneys for tattoo parlors in Torrance and Lengthy Seashore to quash Gov. Gavin Newsom’s coronavirus-related regional stay-at-home order.
The lawsuit, filed in Los Angeles federal courtroom, alleges that the stay-at-home order infringes on the First Modification free speech rights of tattoo artists and their shoppers. Plaintiffs additionally contend that the closure is bigoted and unfair as a result of tattoo parlors pose much less danger than different companies, and are already topic to strict well being oversight by town and state.
In her ruling, U.S. District Decide Dale S. Fischer wrote 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 sorts of companies or to bear disproportionately the burden of the restriction.”
Fischer stated the order treats all private care companies — together with leisure services, hair salons, bars and amusement parks — the identical approach.
“None of those different sorts of companies are engaged in protected expressive exercise,” the decide wrote.
The swimsuit, filed in September, names Newsom, Well being Secretary Mark Ghaly and performing 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 danger of COVID-19 transmission as a result of actions involving shut bodily proximity of longer period in smaller airspace,” Watt stated.