Appeals court ends tattoo parlor ban in Calif city
Court Alerts
A federal appeals court struck down a city ban on tattoo parlors Thursday, ruling the artistic expression is entitled to free speech protection under the U.S. Constitution.
The U.S. 9th Circuit Court of Appeals ordered the Southern California city of Hermosa Beach to allow tattoo parlors to operate.
The city had argued the operations threaten public health and attract an unsavory clientele prone to crime.
Several state courts and federal trial courts have upheld similar bans in other cities across the country.
However, the ruling Thursday was the first by a federal appeals court, meaning such bans are now unconstitutional in the nine western states that must comply with 9th Circuit rulings.
Circuit Judge Jay Bybee, writing for the unanimous three-judge panel, called the city's ban "substantially broader than necessary to achieve the city's significant health and safety interests and because it entirely forecloses a unique and important method of expression."
The court said the ban was an unconstitutional overreaction to health concerns that can be addressed through regulations to ensure sanitation.
Related listings
-
Garner Man Pleads Guilty To Transmitting Child Porn
Court Alerts 09/08/2010A Garner man has pleaded guilty Tuesday to transmitting child pornography over the internet.Gary Wayne Robinson, 28, entered the plea in federal court before Judge James C. Fox.Garner Police were alerted to Robinson after they say he engaged in an on...
-
Florida inmate loses appeal for victim's truck
Court Alerts 09/07/2010A Florida appellate court has ruled against a death row inmate who was convicted of killing a couple and then petitioned to keep a vintage pickup that belonged to one of the victims.The ruling may end a legal battle that has dragged on seven years af...
-
Appeals court panel denies stay for Wash. inmate
Court Alerts 09/07/2010A three-judge panel of the 9th U.S. Circuit Court of Appeals has denied a Washington state death row inmate's request for an emergency stay of his execution.Attorneys for Cal Coburn Brown could now ask the full court to review the case or appeal to t...
Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.