A lawsuit created a precedent that people may not have the rights to depict the tattoos on their body. The ACLU is now suing to stop the law from being used in the future. The case is called In the Matter of the Application of H.R. 2475, the Tattooed Body Art Ban Act, and is scheduled for a hearing on April 3, 2014 in Federal Court in New Jersey.
Tattooed body art ban
This legislation banned the use of depictions of tattoos on the body as a form of body art. The legislation gave certain people who made such art the right to file a suit if their art was not allowed. The ACLU argues that the plaintiffs are not the people who made the artwork, and that the artwork is not their property.
In the ACLU case, named in the caption “In the Matter of the Application of H.R. 2475, the Tattooed Body Art Ban Act”, it is argued by the plaintiffs:
“On the other hand, the Tattooed Body Art Ban Act is a violation of one of the most basic, fundamental, and essential rights guaranteed under the U.S. Constitution: the right to pursue one’s chosen calling as an artist…”
The ACLU argue that body art is a “choice” that people should have legal protection for. The ACLU says that:
“The Tattooed Body Art Ban Act is a bill with consequences. It’s also a bill with unintended consequences. It’s a law that affects the art of tattooing and tattooing and the artistry that artists do. It’s creating a new category of art that has nothing to do with the work of artists. It’s creating an entirely new art form. This new art form is not entitled to First Amendment protection or any other constitutional rights…”
“It’s creating a new genre of art. That art form is not entitled to First Amendment protection…”