New York Court of Appeals

Fred Grossman v. Leona Baumgartner, as Commissioner of Health of the City of New York

June 2, 196617 N.Y.2d 345

Summary

The New York Court of Appeals affirmed the lower court's order upholding the City Health Code provision that prohibits lay tattooing. The court held that the prohibition is a valid exercise of the Board of Health's police power, has a rational basis, and is authorized by the City Charter and State Constitution. The court declined to address the vagueness of the physician exception because the plaintiffs lacked standing.