Naperville tattooing restrictions cause free speech concerns

In Naperville, Ill, it is illegal for anyone other than a licensed physician to own or operate a tattoo establishment. Troublingly, it is also illegal for anyone to perform a tattoo procedure without the supervision of a licensed physician

But many courts including the Arizona Supreme Court, the 9th Circuit Court of Appeals and the Massachusetts Superior Court have ruled that tattoos and tattooing are forms of speech that are, or should be, constitutionally protected.

"I think there is no question that a tattoo is symbolic speech. ... they are the classic form of symbolic speech, and the government ... ought not to be in the business of trying to determine what is appropriate and what is not appropriate in terms of having a tattoo," Ed Yohnka, director of communications and public policy at the American Civil Liberties Union, said. 

Of course, from a public health and safety standpoint, tattooing regulations are, to a certain extent, a necessity. It's doubtful that anyone would argue that everyone should be able to pick up a tattoo gun and begin administering ink to the general public without some sort of license or at least blood-borne pathogen training.

Full disclosure: My first tattoo was done in a filthy studio (studio apartment, that is) by one of my alcoholic friends.

It's a wonder I didn't develop some sort of flesh-eating disease.

But over-regulation of tattooing can effectively shut out establishments all together, as seen in Naperville.

"Once you define something as being a matter of expression, once you define a service as being something that is constitutionally protected. ... government has a right to regulate it for health and safety, but not in a way that attempts to regulate it out of existence. I think that's the balance that you have to strike," Yohnka said.

"In terms of regulating the cleanliness, the sanitation, the types of services that are provided, et cetera. I think that's a legitimate governmental function, but it should never go so far as to overwhelm or to over-regulate so that you're in effect choking off access to a safe and legal procedure," he added.

Downtown Naperville is a quaint and cute area. You can stop in at any number of parlors for an ice-cream to enjoy while feeding the ducks or walking hand-in-hand with your darling on the Riverwalk. A tattoo shop might not fit into the overall scene.

Of course, you can also go a town over to get inked.

But, if anyone should want to exercise their rights to tattoo in family-friendly Naperville, they are in for a legal battle and might want to give the ACLU a call.