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GROSSMAN v. BAUMGARTNER

17 N.Y.2d 345 (1966)

Fred Grossman et al., Appellants, v. Leona Baumgartner, as Commissioner of Health of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 2, 1966.

Attorney(s) appearing for the Case

Lester Landy for appellants.

J. Lee Rankin, Corporation Counsel (Benjamin Offner and Seymour B. Quel of counsel), for respondents.

Isidore Silver for New York Civil Liberties Union, amicus curiæ.

Chief Judge DESMOND and Judges BURKE, SCILEPPI, BERGAN and KEATING concur with Judge FULD; Judge VAN VOORHIS dissents and votes to reverse for the reasons stated in the opinion at Special Term.

FULD, J.

Whether the prohibition against tattooing, provided by New York City's Health Code, constitutes an impairment of constitutional right, is the question we are here called upon to resolve.

The Health Code of New York City, in section 181.15, recites that it "shall be unlawful for any person to tattoo a human being, except * * * for medical purposes by [one] licensed * * * to practice medicine or...

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