Tattoo company and South Carolinians challenge state’s tattoo restrictions

Charleston, South Carolina; July 17, 2026: A tattoo company and two South Carolinians filed a lawsuit today challenging state laws that restrict where tattoo businesses may operate and what tattoos consenting adults may receive. Tiny Zaps and Greenville residents Josh and Stephanie McDonald allege that South Carolina’s restrictions violate the First Amendment by singling out tattoo art for burdens not imposed on other forms of protected expression.

“Tattooing is protected expression under the First Amendment, and South Carolina cannot treat tattooing as second-class expression based on stigma or discomfort,” said Dean McGee, an attorney with Pacific Legal Foundation. “Tiny Zaps and its willing customers deserve the freedom to create and receive lawful art without unconstitutional barriers.”

Tiny Zaps is a New York-based company that offers small, artist-designed tattoos through online booking, in-studio digital tools, and pop-up events. The company hopes to expand to Charleston through a pop-up at a popular hotel downtown but is prohibited by the State’s tattoo restrictions. Josh and Stephanie McDonald, who live in Greenville with their two young daughters, value tattoos as a form of self-expression and want additional tattoos.

The lawsuit challenges South Carolina’s ban on tattoo facilities within 1,000 feet of a church, school, or playground, as well as its criminal prohibition on tattooing a consenting adult’s head, face, or neck. A victory would protect the rights of tattoo artists, businesses, and customers by preventing the State from burdening protected expression without a legitimate health or safety justification.

Pacific Legal Foundation represents Tiny Zaps and the McDonalds free of charge. The case is Tiny Zaps v. Dr. Brannon Traxler.