Opinion

State Ex Rel. Medical Licensing Board v. Brady

  • 492 N.E.2d 34
  • 1986 Ind. App. LEXIS 2534
Court
Indiana Court of Appeals
Filed
Apr 28, 1986
Status
Published
Author
Robertson
On the bench
Ratliff, Neal, Robertson
Cited by
6 cases
Authority
More cited than 9.0%

concluding courts presented with the issue have found that the process of tattooing is neither speech nor even symbolic speech

How later courts described this case

  • concluding courts presented with the issue have found that the process of tattooing is neither speech nor even symbolic speech
  • tattooing for artistic purposes is not protected by the First Amendment because it is neither speech nor symbolic speech
  • tattooing is not speech or even symbolic speech

Written by the judges who cited it.

The opinion

ROBERTSON, Presiding Judge,

dissent ing.

I respectfully dissent from the majority opinion.

It is only where a statute is ambiguous or more than one construction is possible that the reviewing court will construe that statute. Johnson v. LaPorte Bank & Trust Co., (1984) Ind.App., 470 N.E.2d 350 . Where a statute is clear and unambiguous, the court on review has the duty to give effect to the plain meaning of that statute. Indiana Collectors v. Conrad, (1984) Ind.App., 466 N.E.2d 768 . As applicable to the facts of this case the clear and unambiguous language of IND. CODE 25-22.5-1.-1(a)(1), in defining the practice of medicine, requires tattocing to be accompained with a specific intent.

*40 I am of the opinion that the trial court's judgment 1 correctly applied the statute in question.

The judgment should be affirmed.

. Counsel for appellant was remiss in failing to include a verbatim statement of the judgment in the brief. A.P. 8.3(A)(4). Flagrant violation of the rules may cause an appeal to be dismissed. See: Begley v. Begley, (1982) Ind.App., 434 N.E.2d 125 at 127 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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