Ruling that body ink is not protected speech, a federal court judge has tentatively sided with Hermosa Beach in a dispute with a local tattoo artist suing to set up shop in the coastal town.

U.S. District Court Judge Christina Snyder ruled Monday that because a tattoo expresses the owner's speech instead of the creator's, Redondo Beach resident Johnny Anderson has no First Amendment right to ink in Hermosa Beach.

"(Anderson's) argument that his `creative and artistic impulses' are embodied in the final design does not change the fact that the customer has ultimate control over which design she wants tattooed on her skin," Snyder wrote in her nine-page opinion.

Though Snyder is expected today to issue a final ruling, Anderson's attorney did not expect a change of heart, and will likely appeal the decision to the 9th U.S. Circuit Court of Appeals.

"(The ruling) says that the process of tattooing is not expression, which is what other courts have held," attorney Robert Moest said. "I think that's wrong, but we'll see what the 9th Circuit says."

Hermosa Beach city officials were pleased with the decision Monday, but also didn't expect the case to go away just yet.

"I don't think it's the end of the process, but it's always nice when the judge agrees with you," City Manager Steve Burrell said.

more at -

http://www.contracostatimes.com/california/ci_10833069