Tony Gutierrez / AP
A woman signs a cross that stands by others Monday, May 8, 2023, in Allen, Texas, at a makeshift memorial for the victims of a mass shooting at a nearby outlet mall. Gunman Mauricio Garcia left an online post describing his white supremacist views, including social media posts showing pictures of his tattoos — a swastika on his chest and the SS lightning bolt on his arm — prior to the attack. Many tattoo artists in Las Vegas surveyed by the Sun said they turn away customers who seek tattoos of Nazi- or hate-related art or lettering.
Sunday, May 14, 2023 | 2 a.m.
Someone requesting a swastika tattoo at this Las Vegas parlor would immediately be turned away.
“We would just make fun of them,” said Jeff Mack, owner of Broadside Tattoo on Maryland Parkway. “I don’t know anybody who would do that.”
Many of the Las Vegas tattoo shops surveyed by the Sun last week said they would refuse service to anyone requesting a tattoo of Nazi symbolism — but not all.
The Sun posed the question to multiple tattoo shops after pictures emerged of Nazi symbols tattooed on the man who police say killed eight people and wounded 10 more in the May 6 mass shooting at a Texas outlet mall.
Police said gunman Mauricio Garcia left an online post describing his white supremacist views, including social media posts showing pictures of his tattoos — a swastika on his chest and the SS lightning bolt on his arm — prior to the attack. Garcia died after being shot by a responding police officer.
Mack also said he’s never been asked by a client to do a swastika because “that is something you get in prison.”
As identity politics become a greater force in America, and as far-right extremists increasingly feel comfortable in the public realm, it raises interesting issues for tattooists: How do they handle requests for Nazi-related tattoos or tattoos depicting other hateful images or language?
The Las Vegas celebrity tattoo artist known as Cleen Rock One, who gained fame as a competitor on the popular tattoo show “Ink Masters,” said those wanting racist tattoos were “idiots.”
But, it isn’t up to him to judge what tattoos people get, and if he needed the money, he said he would tattoo anything to pay the bills.
“If they got the money, we got the time,” said Rock One of Golden Skull Tattoos when asked about racist tattoos such as the Nazi symbol. “It is no different than doing a Jesus tattoo on the face. I don’t believe in Jesus.”
In recent years, some tattoo shops, in a national movement, have offered free cover-ups for racist tattoos. Rock One said he participated in the free cover-up campaign.
“I tried to do something good and change people,” Rock One said. “They didn’t care about changing or having it covered up. They just saw an opportunity and wanted a new tattoo.”
Mack said it was likely those wanting racist tattoos weren’t going to legitimate shops with tattoo artists that meet state and local requirements. Nevada, for instance, requires tattoo artists to meet health and safety requirements, which includes an annual training in the control of blood-borne pathogens. Tattoo shop owners in Nevada must apply for a permit with public health authorities before opening and agree to comply with all applicable laws.
However, tattoo equipment is available online, and it is not unheard of for unregulated tattoo services to be performed in a home or other setting.
The Southern Nevada Health Department, which oversees permitting for tattoo shops in Clark County, requires tattoo practitioners to obtain a body art card.
Requirements for obtaining a card include passing a sanitation exam, proof of completing a blood-borne pathogens training program and either having six months’ of experience in tattooing or participating in a body art apprentice program.
The SNHD does not regulate the type of tattoos that artists give.
Courts historically have ruled that tattoos are covered by the First Amendment as freedom of speech.
Jesse Choper, former dean and Earl Warren professor of public law emeritus at the University of California, Berkeley School of Law, said the government wasn’t allowed to restrict what tattoo someone can get.
“I can tell you that simply having a tattoo on your body, even with a large swastika, is readily protected by the Freedom of Speech clause of the First Amendment,” Choper said. “You can say anything you want, and it is protected by the First Amendment.”
The government can restrict speech within the time, place and manner clause, he said. For example, someone could be asked by the government not to say certain things in the presence of children during a time and place where it would be reasonable to believe children will be present.
Choper said this could apply for tattoos. Someone could be asked to cover certain offensive or suggestive content if in a place where children are present.
Freedom of speech is not protected within or by private businesses, though, Choper said. He said a tattoo business, for instance, can legally deny service for tattoos that the business doesn’t want to do.
Mack says while he’s never been asked to do a swastika tattoo, he’s done plenty of cover-ups.
“People have friends, they get into stupid things, and they make mistakes,” Choper said. “These are great stories when people decide to get it covered up. We don’t make fun of them too bad because they are changing their lives.”
