Lawsuit challenges S.C. tattoo limits near churches

July 27, 2026

1–2 minutes

Summary

A federal lawsuit challenged South Carolina limits on tattoo locations, head and neck tattoos as unconstitutional.

Why this matters

The case could determine whether South Carolina’s tattoo restrictions can withstand a First Amendment challenge. It also could affect where tattoo businesses operate and what services customers can legally receive in the state.

A tattoo shop and two South Carolina residents sued in federal court last week, arguing the state’s restrictions on where tattoo parlors can operate and what tattoos they can provide violate the First Amendment.

South Carolina legalized tattooing in 2004, becoming the second-to-last state to do so after Oklahoma. The law requires tattoo parlors to be at least 1,000 feet from churches, schools, and playgrounds, and bars artists from tattooing the neck, face, or head.

Tiny Zaps, a New York City-based tattoo shop, said it wanted to hold a pop-up at a downtown Charleston hotel but could not because the site was within 1,000 feet of a church. Owner Sam Kelly said the rule makes it difficult to operate in downtown Charleston.

Kelly also said the shop wanted to offer behind-the-ear tattoos, which are illegal in South Carolina. Joshua and Stephanie McDonald of Fountain Inn joined the lawsuit to challenge the state’s ban on tattoos on the head and neck.

The state Department of Public Health and the attorney general’s office, which were named as defendants, had not yet filed responses.

According to the state health department, South Carolina has nearly 200 tattoo parlors.

Lawmakers have filed bills for years to revise the law, without success. Since his 2022 election, Rep. Brandon Guffey, a Rock Hill Republican, has repeatedly sponsored bills that would let churches approve nearby tattoo parlors, change the head-tattoo prohibition, and allow parlors to offer piercings or sell artwork.

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A tattoo shop and two South Carolina residents sued in federal court last week, arguing the state’s restrictions on where tattoo parlors can operate and what tattoos they can provide violate the First Amendment.

South Carolina legalized tattooing in 2004, becoming the second-to-last state to do so after Oklahoma. The law requires tattoo parlors to be at least 1,000 feet from churches, schools, and playgrounds, and bars artists from tattooing the neck, face, or head.

Tiny Zaps, a New York City-based tattoo shop, said it wanted to hold a pop-up at a downtown Charleston hotel but could not because the site was within 1,000 feet of a church. Owner Sam Kelly said the rule makes it difficult to operate in downtown Charleston.

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The state Department of Public Health and the attorney general’s office, which were named as defendants, had not yet filed responses.

According to the state health department, South Carolina has nearly 200 tattoo parlors.

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