A San Jose tattoo studio has agreed with federal prosecutors to settle a claim that it discriminated against a woman with HIV in violation of the Americans with Disabilities Act.

The U.S. Attorney’s Office for the Northern District of California announced the settlement with Luna Tattoo Studio in a July 13 press release.

Under the agreement, Luna Tattoo Studio, located at 860 S. 1st St., San Jose, agreed to pay $7,000 in compensatory damages to the person who claimed discrimination. The business also agreed, among other things, to develop a non-discrimination policy and to provide training to its employees for a two-year period, prosecutors said in the press release.

“”The United States recognizes Luna’s cooperation in reaching this resolution,” the U.S. Attorney’s office said in a statement.

The Department of Justice had determined that in August 2020, a woman made an appointment to receive a tattoo at Luna Tattoo.  After informing the tattoo artist at Luna of her HIV-positive status, the prospective customer first was told that the artist would need to speak with the owner about the situation, and later, that the appointment was canceled altogether, according to prosecutors.

In refusing to provide service, the tattoo artist told the woman that the possibility of the tattoo artist performing the requested tattoo services made other artists at Luna Tattoo “very uncomfortable.”

Title III of the ADA prohibits public accommodations, such as tattoo parlors, from excluding people with disabilities, including people with HIV, from enjoying the services they provide.  In this case, the settlement agreement includes key findings from the Department of Justice’s investigation of the complainant’s allegations.