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He sued in 2009 after he was denied job based on tattoo of ‘jester’ on his upper arm.
SCRANTON – A Luzerne County man who sued state police after he was denied employment for refusing to have a tattoo removed has appealed a federal judge’s ruling that dismissed the case.
Ronald Scavone filed a federal lawsuit in 2009 after he was turned down for a job in the Liquor Control Enforcement division based on a tattoo of a “jester” that was on his upper arm.
State police have a policy that states tattoos must be reviewed and approved by a committee before an applicant is offered employment.
Scavone’s suit, filed by attorney Cynthia Pollick of Pittston, said Scavone inquired about having the tattoo removed, but was told by medical professionals that it was impossible to completely remove it.
The lawsuit claimed state police violated Scavone’s right to free speech by retaliating against him by refusing to hire him because he spoke out against the policy.
He also claimed his rights to due process were violated because he was treated differently than other applicants who also had tattoos but were hired.
U.S. District Judge A. Richard Caputo dismissed the case in December. Caputo agreed Scavone’s questioning of the tattoo policy was constitutionally protected, but determined there was no causal link between his speech and the denial of his employment.
Caputo noted Scavone was first informed in June 2008 that he would not be considered for employment because of the tattoo. He did not question the policy until several months after state police made that determination, Caputo said.
“The court fails to see how the PSP’s decision to deny Mr. Scavone employment for questioning the tattoo policy could be conceptualized as retaliatory when the decision was made before he questioned it,” Caputo said.
Caputo also denied Scavone’s due process claim, saying the state police had shown there was a rational basis for its decision because liquor control officers often work undercover. Scavone’s “jester” tattoo was so unique that it would make him readily identifiable, Caputo said.
Pollick appealed Caputo’s ruling to the Third Circuit Court of Appeals last week.
Caputo also denied Scavone’s due process claim, saying the state police had shown there was a rational basis for its decision.