This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A 27-year-old Utah college student with HIV has reached a legal settlement agreement with a Clearfield tattoo parlor that had denied him service based on his medical condition — a violation of the Americans with Disabilities Act (ADA).
According to a statement from the Salt Lake City-based Disability Law Center, the Six Feet Below tattoo shop has changed its policy to ensure that people with disabilities are not excluded from receiving tattoos or piercings.
Six Feet Below also agreed to donate $1,000 to a special education and outreach fund set up by the Utah Aids Foundation, the statement said. The money will go toward public education on the rights of persons with HIV/AIDS to access public services on the same terms as everyone else.
The Disability Law Center filed a discrimination lawsuit in April 2016 in U.S. District Court on behalf of the college student, designated "J.H." in court papers to protect his privacy, alleging that he was denied service by the tattoo parlor solely because of his HIV status.
Further, the legal action alleged that Six Feet Below failed to properly train its tattoo artists on the rights of people with disabilities to receive services. HIV and AIDS are recognized disabilities under ADA, and Six Feet Below's refusal of service to J.H. was a violation of the ADA, according to the lawsuit.
"The ADA forbids doctors, dentists, hospitals and other service providers who deal with needles and body fluids from denying service to people living with HIV, and a tattoo shop should be held to the same standard," said Nick Jackson, J.H.'s lawyer at the Disability Law Center.
An attorney for Six Feet Below, Theron D. Morrison, said the owners of Six Feet Below pride themselves in giving the best service to everyone.
"While Six Feet Below has never had the policy to discriminate against anyone," Morrison said, "this lawsuit has brought to the owners' attention the need for better training of those working at the studio."